This article gives information on:
- what a recorded person is in relation to the Register of Persons Holding a Controlled Interest in Land (RCI)
- how to identify who or what might be a recorded person
About recorded persons
In RCI an owner or certain tenants of land are known as a recorded person. This only applies to tenants with a registered or recorded lease of over 20 years.
To be a recorded person within RCI, a person needs to:
- be named as owner or tenant of the land in the land register, General Register of Sasines, the Particular Register of Sasines or the Burgh Register
- have one person or more that has significant influence or control over the land, known as an associate.
For unincorporated bodies, rather than significant influence or control, associates are those responsible for the general control and management of the administration of the body. The RCI regulations state that a person is responsible for the general control and management of a body if they hold an office or other official position such as chair, treasurer or secretary .
Recorded persons not named as owner or tenant
There are situations where a person will be a recorded person within RCI without being named as owner or tenant of the land in the land register or Register of Sasines. This applies when:
- land owned/tenanted by trustees of a trust and all the trustees named have ceased to be trustees
- land owned/tenanted by trustees or members of an unincorporated body and all of the trustees/office bearers named, ex officio or otherwise, have ceased to be trustees
- land owned/tenanted by ex officio trustees but only the office is named, the office bearers names do not appear
In these situations, the regulations provide current trustees or office bearers are to be treated as owners/tenants of the land. They will be classed as the recorded person, and required to register in RCI.
The current trustees or office bearers would be registered as both a recorded person and associate. During the registration process, they must answer "no" to the question "Are any of the current trustees named on the land register or sasine register title" and add the recorded person as an associate.
This means the current trustees or office bearers will be entered twice in their submission, first as a recorded person and secondly as an associate. They should add the recorded person as an associate first and then add any other associates
These situations are governed by regulation 23A. Further information can be found in the unincorporated bodies and trusts articles.
Tenants
For a tenant to be classified as a recorded person, the lease needs to be for a duration of more than 20 years and:
- recorded in sasines or
- registered in the land register
Regulation 3 of the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 gives more details on recorded persons.
Docquet transfers
A docquet transfer following the death of an owner or tenant does not engage the RCI regime. As there has been no actual transfer of title there is no new owner or tenant entered in the Land Register or in Sasine Registers that could be a potential recorded person.
Ways to check who could be a recorded person for land or property
To be classed as a recorded person within RCI the person may be named as the owner or tenant in the Land Register or Register of Sasines.
If the land is on the land register
If the land is held on the land register, the title sheet can be checked to see who the current owner or tenants are. The information on ownership of land is shown in the proprietorship section. More information can be found on what is on a title sheet as well as how to get one for land in the title document article.
More information on the land register is available in our registers area of RoS.
If the land is on the Register of Sasines
If the land is held in sasines, a search of the register may need to be undertaken. The search will provide information on ownership. If you need help to do this, more information can be found on how to request a search in the sasine section of the RoS property help service.
More information on sasines is available in the our registers area of RoS.
Our online support tool is available to help provide you with an indication as to whether or not you are in scope of RCI as a recorded person.
Access the RCI online support tool.
Recorded persons in RCI
The purpose of RCI is to hold information on the land in Scotland that has persons with a controlling interest.
A submission to the register is only required where land and property has a recorded person and an associate or associates.
It is possible for land to have multiple recorded persons. As RCI is a register of persons, not a register of land, an entry in the register will be required for each recorded person.
Information required about the recorded person
Details of the recorded person required for RCI includes:
- the name and address of a recorded person, and if relevant their registered number (for example, company number)
- the title number of the land, or where the land is not in the Land Register, a sufficient description of the land to allow it to be identified
- details of the capacity in which the recorded person owns or leases the land this would include, for example, where an individual owns the land or property in their capacity as a trustee
- the required details in relation to each associate, as set out in regulation 11 or, where a security declaration has been made, a statement of that instead
When dealing with trusts, partnerships or unincorporated bodies it is likely that the recorded persons will be the individuals who are trustees, partners or office bearers respectively. For example for an unincorporated body such as a sports club, charity, community group or faith and belief group the recorded persons will be the office bearers or trustees of the group, body or club. The recorded person will not be the unincorporated body itself. See the guidance on unincorporated bodies for further information.
Exceptions – where the person who is the owner or tenant of land is subject to certain other transparency regimes
In some situations, the person who is the owner or tenant of land may be what is known as a non-natural person. A non-natural person means that the person could be a body that you would not class as a human, for example, an organisation. If the person is non-natural, they may be subject to what is known as a transparency regime. In certain situations, they are not required to register their information in the RCI as their transparency information is available elsewhere. More information can be found in the transparency regimes article.
If you fall within the list of transparency regimes you are out of scope from being a recorded person and will not have to register in RCI. This is the case irrespective of the capacity you hold the property in.
Duties of recorded person
For RCI, many duties fall on the recorded person.
Each recorded person must provide:
- their own required details
- details of the land
- required details of associate or security declaration
The recorded person must verify the associate details with the associate and inform the associate about their duties and rights.
When changes to information held on the register happen, the recorded person must inform the Keeper of those changes.
The duties article explains the responsibilities of the different parties involved in RCI.
It is an offence if the recorded person does not, without reasonable excuse, comply with their duties. More information on possible penalties can be found in the duties article and the offence provisions article.
Trustees and unincorporated bodies – updating the land register title
If the land register title does not show the current trustees, of a trust or unincorporated body, as the owner/tenant of land it is recommended the trustees update the land register title.
Updating the land register title will mean that an entry to RCI will not be required. This is provided there is no other person who has significant influence or control or responsibility for the general control and management of the administration of the body. The land register title will have been updated to show the current trustees and be transparent.
The appropriate course of action for updating the land register title will depend on whether trustees are:
- being removed because of death or resignation
- being added because of their ex officio role on appointment to that office, for example, office bearers
- being added because they have been assumed as new trustees.
Updating the Land Register will involve rectification or registration. Rectification of the Land Register title will be possible in the following situations:
- To remove trustees who have died or resigned
- To add new trustees who are ex officio, following their appointment to that office, for example, office bearers
Guidance on how to make and submit a request for rectification of the land register title to update the land register title is available in the inaccuracy and rectification article.
Rectification is not possible for land that is held in the Sasine Registers.
Registration of a deed, most likely notice of title, in the land register will be required to add new trustees, except ex officio trustees.
Where some trustees resign and new trustees are assumed, a combination of rectification to remove outgoing trustees from the title and registration for the new trustees would be required.
| Previous | Next |