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Rural Affairs, Climate Change and Environment Committee 27 January 2016

27 Jan 2016 · S4 · Rural Affairs, Climate Change and Environment Committee

Item of business

Land Reform (Scotland) Bill: Stage 2

McLeod, Aileen SNP South Scotland Watch on SPTV

Section 36 inserts into the Land Registration etc (Scotland) Act 2012 new section 48A, which enables regulations to be made enabling the keeper of the Registers of Scotland to request information relating to proprietors of land. That may include information about the category of a proprietor and information about individuals with a controlling interest in a proprietor. As I outlined at the committee last week, in setting out our proposals to amend part 3 of the bill, the Government intends to lodge amendments at stage 3 to amend section 36 to remove reference to requesting information about individuals with a controlling interest. That part of section 36 will not be needed because of the new regulation-making power that is to be brought forward at stage 3 for a public register of controlling interests in landowners. It is the Government’s intention to retain section 36 so that regulations can be made enabling the keeper to request information about the categories of proprietors. That information will be useful in establishing further information on patterns of land ownership, which will help in developing policies in relation to land use and management. The Government is still considering the committee’s suggestion that section 36 be amended to enable the keeper to require information about categories of proprietors and we will certainly keep the committee updated on our position in relation to that ahead of stage 3. Although the Government’s view is that, other than its first use, the power in new section 48A would be used to make regulations that were mainly minor and technical in nature, in its report on the bill at stage 1, the Delegated Powers and Law Reform Committee expressed the view that the power is not limited to that. That committee heard in oral evidence that the scheme for requesting information could change over time, with additional categories of information about proprietors being requested. In addition, the Delegated Powers and Law Reform Committee said that there was potential for changes to be made to the regulations on matters such as the consent of individuals, the disclosure of information and the corresponding potential for interference with article 8 rights. In light of those concerns, that committee recommended that the affirmative procedure should apply to all regulations that are made under new section 48A. The Government recognises the Delegated Powers and Law Reform Committee’s concerns, and amendments 31 to 35 provide that the affirmative procedure will apply to all regulations that are made under new section 48A of the 2012 act. I move amendment 31. Amendment 31 agreed to. Amendments 32 to 35 moved—Aileen McLeod—and agreed to.

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Rural Affairs, Climate Change and Environment Committee 27 January 2016

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