In RCI the person that has significant influence or control over the land, known as the associate, may want to hide their details from being publicly searchable in the register.
The associate can request this if having their details available on the register would put them, or an individual connected to them, at risk of:
- violence or abuse
- the threat of violence or abuse
- intimidation
The right to make a security declaration is intended to ensure that no one is put at serious risk through the inclusion of their information in the register, for example, victims of domestic abuse.
Who can make a security declaration?
Security declarations can only be made by associates who are individuals. A non-natural person cannot request a security declaration.
When can a security declaration be made?
Security declarations can be made at any time, but the associate must be able to provide supporting evidence.
It is the duty of the owner or tenant of land, known as a recorded person, to inform an associate of the associate’s right to make a security declaration. This must be done before the recorded person makes their entry in RCI. More information can be found in the duties article.
When an entry has been submitted to the keeper, there is a 30-day period before the keeper must show the entry on the public register. To make sure their details are never public in RCI, the associate must raise a security declaration in this period.
An associate should apply for a security declaration as soon as possible after they have decided that it is appropriate to do so.
Information and evidence required for a security declaration
Information
To make a security declaration, the keeper requires the associate’s:
- name
- date of birth
- associate reference number (ARN), this will be allocated the first time the associates details are entered in RCI
- email address
When making a security declaration, the associate must also provide evidence in support of their application.
Where an associate believes the evidence is not reasonably obtainable, they must provide a reason for this.
Where an associate is also a recorded person
An associate may also be a recorded person if they are being treated as an owner/tenant of land since all trustees or office bearers of a trust or unincorporated body have ceased to be trustees or office bearers.
Information
Submitting supporting evidence ensures that only legitimate security declarations are accepted.
Suitable evidence includes:
- Order
- Interdict
- Injunction
- Special Measure
- Attestation
The evidence is set out in Schedule 3 of the RCI regulations. This mirrors what is required for the anonymous voters registration.
Orders, interdicts, injunctions, and special measures are suitable if they are made for the protection, or benefit, of the associate or an individual connected with them. These are:
- a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 1997,
- a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 1995,
- a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981,
- a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981,
- a relevant interdict within the meaning of section 113 of the Civil Partnership Act 2004,
- an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 2011,
- any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 2001,
- a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—
- Part 4A of the Family Law Act 1996,
- section 2 and paragraph 1 of schedule 1 of the Forced Marriage (Civil Protection) Act 2007
- section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011, or
- section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011,
- an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 1997,
- an injunction granted under section 3A(2) of the Protection from Harassment Act 1997,
- a restraining order made under section 5(1) of the Protection from Harassment Act 1997,
- a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 1997,
- a non-molestation order made under section 42(2) of the Family Law Act 1996,
- an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 1997,
- a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 1997,
- a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 1997,
- a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998,
- a domestic violence protection order made under section 28 of the Crime and Security Act 2010(j) or section 97 and paragraph 5 of schedule 7 of the Justice Act (Northern Ireland) 2015,
- a female genital mutilation protection order made under section 5A and paragraphs 1 or 18 of schedule 2 of the Female Genital Mutilation Act 2003,
- any relevant protection measure ordered in another EU member state and entitled to be recognised in Scotland under Regulation (EU) 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matter
The order, interdict, injunction, or special measure must be in force.
The original does not need to be submitted; a copy will be acceptable
An attestation is a certification from an authorised person that if the details of the associate were shown on the RCI they, or an individual connected with them would be put at risk of:
- violence or abuse
- threat of violence or abuse
- intimidation.
To be used as evidence, the attestation must:
- be for a period of not less than 1 year and not more than 5 years
- state the date the attestation is made
- state the period for which it has effect
The attestation must be signed by one of the following authorised persons:
- a police officer holding the rank of inspector or above in—
- the Police Service of Scotland,
- any police force in England and Wales,
- the Police Service of Northern Ireland,
- the Director General of the Security Service,
- the Director General of the National Crime Agency,
- any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 1968(a),
- any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 1970(b),
- any director of children’s services in England within the meaning of section 18 of the Children Act 2004(c),
- any director of social services in Wales within the meaning of section 6(A1) of the Local Authority Social Services Act 1970,
- any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(d),
- any executive director of social work of a Health and Social Services trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(e),
- any registered medical practitioner,
- any registered nurse or midwife,
- any person who manages a refuge. Refuge means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.
It is for the associate to submit the attestation to the Keeper, not the authorised person who has made the attestation.
If you are unable to provide evidence
An associate must provide supporting evidence within 60 days of making their security declaration. This is set out in the RCI regulations and should give individuals enough time to obtain and provide the required evidence.
If an associate fails to produce evidence within 60 days of making the security declaration, the security declaration ceases to have effect at the end of this period.
An associate should only make a security declaration if they are able to provide supporting evidence.
There may be an occasion where the associate is not able to obtain the evidence listed. In that case, the associate must inform the keeper before the 60 day period ends. The keeper will then consider alternative appropriate evidence.
How to submit a security declaration
- Access the security declaration application process from the RCI homepage (you must create or login to your RCI Public account to apply)
- Provide your required details, including name, date of birth, contact address and associate reference number (ARN)
- Submit your application, which will temporarily remove your associate details from the register for 60 days
- To support your application, you must email your evidence to the RCI secure mailbox RCISecDec@ros.gov.uk within 60 days of the date of submission, quoting your ARN*
- Once a security declaration has been made, the associate must send a copy to the recorded person.
- The associate should keep a copy of the security declaration for their own needs
- You will be notified of the keeper’s decision as to whether based on the evidence provided it was reasonable for the security declaration to have been made
*If you believe the evidence is not reasonably obtainable, you must notify the keeper of this by emailing the RCISecDec@ros.gov.uk mailbox, providing a reason for this
When will a security declaration take effect?
The security declaration is in effect the day the keeper receives it. On this day, a note will be added to the relevant RCI entry stating that a security declaration has been made. The associate’s details will be hidden while the keeper makes a decision on the evidence.
The keeper does not determine whether an individual is at serious risk. Instead, the keeper decides whether:
- the evidence submitted meets the requirements for that specified in Schedule 3 of the regulations
- or not it was reasonable for the security declaration to have been made, based on the evidence provided
- When deciding if it was reasonable for the security declaration to have been made, the keeper may request further information and documents.
The regulations do not specify how long the keeper has to make a decision on the security declaration evidence. However, priority will be given once evidence is submitted.
What happens when a decision is made about the evidence?
Once a decision has been made on the security declaration evidence, the associate and the recorded person will be notified by email of the outcome and the reasons for that outcome. The keeper must do this as soon as reasonably practicable after making the decision.
If the keeper’s decision is to accept the security declaration
If the keeper’s decision is to accept the security declaration, the associate’s details will remain hidden on RCI until the associate revokes it.
If an associate has a security declaration in effect, and then later becomes an associate for another recorded person, the associate must:
- tell the recorded person that they have a security declaration in effect
- give a copy of the security declaration to recorded person so they can include it in their RCI submission
If the keeper’s decision is to reject the security declaration
If the keeper’s decision is to reject the security declaration, the associate’s details will remain hidden from RCI for 30 days from the date of the decision notification.
Appeals
The associate has the right to appeal the keeper’s decision to the Lands Tribunal for Scotland (LTS).
The appeal must be:
- made within 30 days of the decision notification, and
- must be on a question of fact or on a point of law
The associate must inform the Keeper within 7 days of making their appeal. This can be done by emailing the RCISecDec@ros.gov.uk secure mailbox, quoting their ARN and advising that they have launched an appeal. A note will then be added to RCI that the security declaration is subject to an appeal.
If the associate appeals, their details will remain hidden from the RCI until 30 days after the LTS reach an outcome. The LTS will inform the keeper of the result of the appeal. The keeper will then update the RCI submission based on this result.
Further information on how to appeal can be found in the appeals article.
Revoking a security declaration
An associate may revoke their security declaration at any time if the security declaration is no longer valid. They must give notice of the revocation to the Keeper of the Registers of Scotland as soon as is reasonably practicable.
This can be done by emailing the RCISecDec@ros.gov.uk secure mailbox, quoting their ARN and reason for revocation.