Register of Persons Holding a Controlled Interest in Land: EQIA

Stage 1: Framing

Results of the Framing Exercise

Transgender

The register will not directly collect data on a person's gender identity or indicate whether an individual had previously identified by another name, which could indicate a change in gender identity. However it was noted that if transgender individuals change their name after their data has been entered on the register then their name on the register would need to be updated. This would be necessary to both meet the aims of the register and correctly reflect a transgender individual's identity. Registers of Scotland currently have a policy in place for transgender individuals registered on the Land Register who change their name, and will explore whether a similar policy could be applied to the Register of Controlled Interests in Land. There is also a requirement in the draft regulations for the Keeper to update information in the Register. Consequently if an individual notified the Keeper of a need to update their name on the register, Registers of Scotland would be required to update their name as soon as reasonably practicable.

Ethnicity

The ethnicity of recorded persons and associates will not be collected by the register and so will not be directly captured. If an individual resides overseas then their address could be an indication of their ethnicity, but recorded persons and associates do not have to provide their own address as a contact address. They could use an alternative address where correspondence could be received, such as UK-based solicitor, and so prevent indication of their ethnicity being indirectly captured through their geographical location. The register and public facing pages where individuals enter registration information will be in English, creating a barrier to online registration if someone does not speak English. In this scenario, the public can contact Registers of Scotland directly through their customer service centre, who would then be able to hold a conversation through interpretation services, though this service may require booking. It is not expected that online 3^rd party translation software would work effectively with the online register due to the necessary use of technical language and specific terms.

Disability

The register will not collect information about disability and disability will not be indirectly captured through other data collected by the register. The register will only be available online but will be developed following the Scottish Government's Digital First framework, which places requirements on the development team to ensure that users with disabilities are able to use the system easily. User testing of the system during development will examine the system's accessibility and the final system will include features such as the ability to increase the size of text and compatibility with most screen reading software. As part of Digital First, the system is assessed before it goes live to ensure that testing has been carried out and that the system has met accessibility standards. If someone would like further support, Registers of Scotland also have a customer service centre that users can phone or they can make an appointment to speak to someone in person.

Age

The register will capture the ages of associates, but this information will not be publicly displayed and is only for use by Registers of Scotland to differentiate between individuals with the same name or correctly identify as a single individual someone who may be an associate to multiple areas of land.

Sixteen and seventeen year olds will be within scope of the register, since an individual can hold land from the age of sixteen and can be an associate at any age, though the numbers are expected to be low. All recorded persons on the register will already have their name and contact address on the Land Register, whatever their age. The Land Registration etc. (Scotland) Act 2012 makes no provision for a proprietor's name not to appear on the publicly available land register. Consequently the Register of Controlled Interests in Land will not reveal any personal information about a recorded person that is not already publically available. It would be counter to the transparency policy aim to exclude associate details from the public register purely on the grounds of age.

Anyone on the register is of course entitled to apply for a security declaration should they meet the criteria set out in Schedule 3 of the draft regulations. Age alone would not normally be considered a valid reason for granting a security declaration, although the Keeper has a discretionary power to grant a security declaration, if the Keeper considers a specific case merits one.

The register will only be available online. Statistically internet usage is very high amongst the general population up to the age of 75.^[1] Only 38% of over 75 year olds in Scotland used the internet in 2018, so many in this age group may be uncomfortable or unable to access the register directly themselves. Digital First, however, requires organisations to have a plan to support users with assisted digital needs, defined as those who lack the skills or confidence to use the internet, or who do not have internet access. Registers of Scotland will work with Scottish Government to develop the assisted digital service. Users are also able to contact Registers of Scotland's customer service centre over the phone or in writing if they are unsure of how to access or search the register. Registers of Scotland are exploring the provision of an enhanced searching service whereby Registers of Scotland staff will carry out a search of the register on request. Depending on the offering of this service Registers of Scotland may consider if a fee would be charged. For registering or updating information on the Register, users have the option of instructing a professional advisor to complete the online process on their behalf.

It is a requirement of Digital First that the register be built at the linguistic level of a 12-year old, thereby minimising any potential language barrier to access to the register.

Gender

An individual's gender is not collected by the register but it could be indirectly captured due to naming conventions. In some instances identifying those associated with certain sites could lead to the revealing of information that could indirectly disadvantage people on the basis of their gender. For example, the location of a women's shelter might be revealed through the identity of the recorded person or their associates, which would put the women who use the shelter at risk. In this scenario, the register's requirements would indirectly have a negative impact on women. To mitigate risks such as this, recorded persons or associates can apply for a security declaration if they feel that the disclosure of their details could result in violence, abuse, intimidation or threat of violence or abuse against themselves or others connected to them.

Religion

An individual's belief or non-belief will not be collected by the register. However, if an individual is an associated person for an area of land owned by a religious body then it might be inferred, correctly or incorrectly, that the individual holds the same beliefs as that organisation.

Engagement with large religious organisations has shown that the requirements of the register will have a significant impact on a few of them due to the nature of their organisational structures, which require large numbers of associates to be entered on the register, and the scale of their land holdings. These organisational structures are historical and based on belief, and result in a significant number of individuals falling within the register's definition of significant influence.

Most religious bodies are not significantly impacted since they either do not hold controlling interests in as many areas of land or are organised in structures that fall under other transparency regimes so are exempt. Due to the significant impact on some large religious organisations, consideration must be given to actions to mitigate the impact while not compromising the transparency aim of the register.

Sexual Orientation

Sexual orientation is not collected by the register and individuals are entitled to apply for a security declaration if they feel the disclosure of their details puts them at risk. The naming conventions of trusts and their subsequent associates could reveal family information, in particular identify that an individual is part of a family. The exact familial relationships of members of these trusts will not, however, be evident in the register as it will not collect that information. Consequently it is not likely that these naming conventions would indirectly disclose members' sexual orientations through marriages or civil partnerships.

Socioeconomic

The register will be free to register and access and so the requirement to register will not disadvantage those with a lower socioeconomic status through cost alone. Internet usage amongst those from a lower socioeconomic background is however much lower than those from higher socioeconomic ones.^[2] Those without internet access can access information through the assisted digital service and Registers of Scotland's customer service centre. As previously mentioned, Registers of Scotland are exploring the provision of an enhanced searching service and depending on the offering of this service Registers of Scotland may consider if a fee would be charged. Individuals without internet access could also access the register themselves at their local library, if the facilities are available.

The criminal penalties associated with failing to register or provide accurate information to the Keeper are the same for everyone required to register and could be up to £5000. Consequently the penalties would have a greater impact on someone from a lower socioeconomic background as they would have less ability to pay. However the Procurator Fiscal would consider all cases regarding a failure to register in line with the Prosecution Code which takes into account the nature, gravity and impact of an offence and whether prosecuting is considered to be in the public interest.^[3] There is a need to balance the impact of fines against large landowners or corporate entities with the impact on individuals and smaller bodies such as charities. Consequently the maximum fine was set at £5000 but it is anticipated that individuals' circumstances would be taken into account during sentencing.

Considerations Across Protected Characteristics

In the case of an organisation failing to register, individuals would be liable for the failure and so any fine issued would not necessarily impact on the organisation. In the case of charities or other organisations that represent or work with those with protected characteristics, this protects those who receive support from negative impact if the organisation failed to register.

Extent of EQIA required

Following on from the findings of the framing workshop, we assess that, with one exception, the differential impact on protected characteristics is low. The register does not directly collect any protected characteristics except age, and it does not make that characteristic publically available. As discussed in the results of the framing exercise, the majority of ways in which the policy could impact those with protected characteristics have been addressed through the use of the regulations, existing practices and security declarations.

The only significant impact identified was in relation to some large religious bodies who would need to register a high number of individuals for each area of land due to their organisational structure. Most religious bodies either have structures that exempt them from the register or have fewer land holdings with controlled interests and therefore would be required to register fewer individuals.

A medium risk EQIA is therefore required for this protected characteristic, to assess whether the impact on these religious bodies can be mitigated though measures that would need to apply to all those in scope of the regulations, while still meeting the policy aims.

As the differential impact on other characteristics is considered to be low and already addressed where necessary, a low risk EQIA is appropriate.