Register of Persons Holding a Controlled Interest in Land: EQIA

National statistical data on internet use based on an individual's age – good general indicator of ability to use or comfort accessing an online register based on an individual's age

Scottish Household Survey 2018

None – alternative options are available for those unable or uncomfortable accessing online services on their own and the policy otherwise addresses any impact based on age

1. Details of the requirements of the Digital Scotland Service Standard in terms of accessibility – provides assurance of engagement with users during development to ensure that the system is accessible and gives an indication of the level of accessibility of the final system

2. Registers of Scotland's provisions for those seeking further support to access the register – provides confirmation of option to contact Registers of Scotland should users have difficultly accessing the system online

1. Point 5, Digital Scotland Service Standard, Digital Scotland

2. Registers of Scotland

None – disability will not be directly or indirectly captured and options identified in evidence gathering will ensure that individuals with disabilities will be able to access the register, either by themselves or with the assistance of Registers of Scotland's customer service centre

No specific evidence gathered as there is none available in relation to land. A potential impact was identified during the framing workshop for groups representing those with this characteristic, which the policy has considered and provided for security declarations to mitigate this impact.

Not applicable

None – The policy already has provisions to address the potential impact identified during the framing exercise

This protected characteristic is not captured directly or indirectly by the register, and maternity leave does not typically affect a person's legal position as an associate or recorded person. Additionally there is no evidence in relation to pregnancy and maternity and land issues.

Not applicable

While an individual's ability to be in a position where they could be an associate is not necessarily impacted by pregnancy or maternity, they may choose to take leave or step down from the position that makes them an associate. The individual would then need to be removed as an associate. This process would happen in the same way as any other associate and so it is not expected to be an additional burden on recorded persons.

Registers of Scotland's existing policy for the Land Register enables transgender individuals to update their names after an entry has been made. A commitment has been made by Registers of Scotland to explore if the same policy could be applied to the Register of Persons Holding a Controlled Interest in Land.

Registers of Scotland

None - Commitment to the exploration of a policy by Registers of Scotland together with provisions in this policy for the event-driven update of the Register will ensure that transgender individuals' names can be updated in the register by informing the Keeper. No other issues were identified in relation to gender reassignment and the policy.

No specific evidence is available in relation to sexual orientation and land use. The naming conventions of some trusts may reveal familial connections, but not specific relationships.

Land Register, Registers of Scotland

No evidence gaps were identified as the policy will not capture sexual orientation directly nor is expected to capture it indirectly. Familial connections between individuals might be revealed but not specific relationships.

3,157 titles on the Land Register were held by overseas entities as at 31 December 2018, with a total of 1,593 separate entities owning these titles respectively – this data gives an indication of the number of entities and subsequent associates that would be required to register, though it does not indicate where these entities are based or if all their associates reside outside of Scotland.

Registers of Scotland

We do not have data on what percentage of the population (or of those on the Land Register) are not fluent in English or do not consider it to be their first language. This data would provide some indication of the impact of the register only being available in English, though not an accurate reflection. Individuals unable to access the register due to a language barrier could do so through an interpretation service as discussed in the framing workshop findings. This would address access issues for members of the public, while it is expected that overseas entities required to register are likely to use a professional advisor to do so.

1. Consultation responses – concerns raised by stakeholders about complexity of historical structures of some large religious organisations and the impact the policy's requirements would have on those organisations

2. Research into the organisational structure and legal persona of religious organisations that own land – following on from the concerns raised through consultations, research was conducted to assess what forms of religious body may be disproportionately impacted to give an indication of the impact of the regulations on those organisations. This evidence was used to assess what forms of mitigating actions would be most effective while still meeting the aims of the policy.

3. Research into the types and structures of mortgage and other similar financial arrangements and their practical application – concerns were raised by stakeholders that mortgage arrangements specifically designed to be compliant with religious beliefs could come within scope of the register due to the structure of the arrangements, while other mortgage arrangements are out of scope. The research was used to assess if mortgage arrangements designed to be compliant with religious beliefs would be within scope.

1. Consultation on "Delivering improved transparency in land ownership in Scotland: Consultation on the draft regulations" and consultation on "Improving transparency in land ownership in Scotland: a consultation on controlling interests in land"

2. Religious organisation's websites and stakeholder engagement

3. Registers of Scotland

No additional evidence gaps were identified following research, consultation and stakeholder engagement. The evidence collected was used to identify mitigating actions and consequently three new provisions were developed for the regulations: bodies who exert control through a statutory function were exempted from having to register; if a body is captured by both Parts 3 and 4 of Schedule 1, then they are only required to register following the provisions in Part 4; and where an associate has more than one association to a recorded person for a piece of land, they are only required to be listed as an associate once for that piece of land. These provisions reduce the registration burden on large religious organisations and reduce unnecessary duplication while ensuring the policy's transparency aims are met. Following consideration of the evidence, it was determined that mortgages designed to be compliant with religious beliefs are out of scope of register and so would not be treated differently from other mortgage arrangements in relation to the register or disproportionately impacted by the register.

Not applicable as the policy does not relate to work

Not applicable to policy

Not applicable to policy