Proposed amendments
169 amendments across 24 provisions
Clause 4 6
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where a director of the entity acts as a nominee, a statement that the nominee has made reasonable endeavours to be satisfied on an ongoing basis as to the legitimacy of the financial affairs of the beneficial owners for whom the nominee is acting, and that the nominee will cease to act if information validating legitimacy is not forthcoming on a timely basis,”
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Where an application includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the application must also include—
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Where an application includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the application must also include—
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The registrar may request further information to be provided in a timely manner where there appear to be material omissions or suspected false statements.
Clause 7 13
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Where information provided under subsection (1)(a) includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the overseas entity is also required by subsection (1)(a) to provide—
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where a director of the entity acts as a nominee, a statement that the nominee has made reasonable endeavours to be satisfied on an ongoing basis as to the legitimacy of the financial affairs of the beneficial owners for whom the nominee is acting, and that the nominee will cease to act if information validating legitimacy is not forthcoming on a timely basis,”
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The requirements under subsection (1) must also be met within 14 days of the date on which a registered overseas entity has reasonable cause to believe that at least one person has become or ceased to be a registrable beneficial owner.”
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A registered overseas entity must, as soon as reasonably practicable and in any event within 14 days of becoming aware of any change, deliver to the registrar details of any change to the information that has been previously provided to the registrar in accordance with section 4 or, if information has been previously delivered to the registrar under this section, any change to the latest information provided under this section, including the date such change occurred.”
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Where information provided under subsection (1)(a) includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the overseas entity is also required by subsection (1)(a) to provide—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Clause 9 20
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Where information provided under subsection (1)(b) includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the overseas entity is also required by subsection (1)(b) to provide—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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is entered, on or after 8 December 2014, as proprietor in the proprietorship section of the title sheet for a plot of land that is registered in the Land Register of Scotland,”
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is the tenant under a lease that was registered in the Land Register of Scotland on or after that date, or”
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For the purposes of subsection (8)(b)(i)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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where a director of the entity acts as a nominee, a statement that the nominee has made reasonable endeavours to be satisfied on an ongoing basis as to the legitimacy of the financial affairs of the beneficial owners for whom the nominee is acting, and that the nominee will cease to act if information validating legitimacy is not forthcoming on a timely basis,”
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Where information provided under subsection (1)(b) includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the overseas entity is also required by subsection (1)(b) to provide—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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is entered, on or after 8 December 2014, as proprietor in the proprietorship section of the title sheet for a plot of land that is registered in the Land Register of Scotland,”
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is the tenant under a lease that was registered in the Land Register of Scotland on or after that date, or”
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For the purposes of subsection (8)(b)(i)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 12 4
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the required information about each registrable beneficial owner, and
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if the person is a registrable beneficial owner by virtue of being a trustee, to confirm or correct any of the required information about the trust that is specified in the notice and to supply any of the required information about the trust that the notice states the overseas entity does not already have.”
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the required information about each registrable beneficial owner, and
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if the person is a registrable beneficial owner by virtue of being a trustee, to confirm or correct any of the required information about the trust that is specified in the notice and to supply any of the required information about the trust that the notice states the overseas entity does not already have.”
Clause 14 2
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The Secretary of State must, within 6 months of this section coming into force, by regulations, establish within the office of the registrar a whistleblower office to receive whistleblowing reports on the accuracy of information provided under sections 12 and 13 and to provide confidentiality and protection from retaliation for any such whistleblowers.”
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Clause 16 1
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All information delivered to the registrar for the purposes of sections 4(1)(c), 7(1)(d) and 9(1)(e) must be verified by the registrar.”
Clause 18 3
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The Secretary of State must conduct an annual review of the exemptions provided under this section, and lay an annual report before Parliament.”
Clause 22 7
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any required information about a trust delivered to the registrar by virtue of section 4(2A), 7(2A) or (2B) or 9(2A) or (2B) (required information about trusts),”
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it relates to a registrable beneficial owner or managing officer in relation to an overseas entity,”
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it is not information about a trust delivered to the registrar by virtue of section 4(2A), 7(2A) or (2B) or 9(2A) or (2B).”
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“Disclosure of information about trusts
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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any required information about a trust delivered to the registrar by virtue of section 4(2A), 7(2A) or (2B) or 9(2A) or (2B)(required information about trusts),”
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it is not information about a trust delivered to the registrar by virtue of section 4(2A), 7(2A) or (2B) or 9(2A) or (2B).”
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“Disclosure of information about trusts
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Clause 25 2
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Clause 31 9
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An offence under this section is aggravated if, when the document or statement is delivered, the person knows that it is misleading, false or deceptive in a material particular.”
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A person guilty of an offence under this section, other than an aggravated offence, is liable —
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An offence under this section is aggravated if, when the document or statement is delivered, the person knows that it is misleading, false or deceptive in a material particular.”
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A person guilty of an offence under this section, other than an aggravated offence, is liable —
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“Failure to disclose
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 32 2
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The Secretary of State must consult the Department of Finance in Northern Ireland before making regulations under subsection (4).”
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The Secretary of State must consult the Department of Finance in Northern Ireland before making regulations under subsection (4).”
Clause 38 9
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“Sharing of information by HMRC
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Applications in the transitional period: information about land transactions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Requirement for certain unregistered overseas entities to provide information
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Section (Requirement for certain unregistered overseas entities to provide information): supplementary
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Sharing of information by HMRC
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Applications in the transitional period: information about land transactions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Requirement for certain unregistered overseas entities to provide information
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Sections (Applications in the transitional period: information about land transactions) and (Requirement for certain unregistered overseas entities to provide information): supplementary
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 39 2
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A reference in section 12 or 13 to a person who is a registrable beneficial owner of an overseas entity includes, in connection with the obtaining of information required by section 7(1)(b), 9(1)(c), (Applications in the transitional period: information about land transactions)(3)(b) or (Requirement for certain unregistered overseas entities to provide information)(1)(c)(i), a reference to a person who has ceased to be a registrable beneficial owner.
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A reference in this Part to a trust includes arrangements, under the law of a country or territory outside the United Kingdom, that are of a similar character to a trust, and any related expressions are to be read accordingly.
Clause 47 1
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“Civil recovery: costs of proceedings
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 48 1
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Clause 52 1
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In section 1, after subsection (10) insert—
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Clause 53 1
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“Asset freezing in respect of individuals considered for sanctions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 61 4
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“Review of Act and adequacy of resources
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Strategic litigation: economic crime
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of funding arrangements for enforcement agencies
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of legislation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 64 1
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The provisions of this Act have retrospective effect from 1 March 2022.”
Schedule 1 21
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whether the individual meets that condition by virtue of being a trustee.”
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whether the individual is a designated person (within the meaning of section 9(2) of the Sanctions and Anti-Money Laundering Act 2018), where that information is publicly available.”
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whether the individual meets that condition by virtue of being a trustee.”
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whether the entity is a designated person (within the meaning of section 9(2) of the Sanctions and Anti-Money Laundering Act 2018), where that information is publicly available.”
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whether the individual is a designated person (within the meaning of section 9(2) of the Sanctions and Anti-Money Laundering Act 2018), where that information is publicly available.”
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whether the entity meets that condition by virtue of being a trustee.”
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a list of any criminal convictions and sanctions.”
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whether the entity is a designated person (within the meaning of section 9(2) of the Sanctions and Anti-Money Laundering Act 2018), where that information is publicly available.”
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whether the entity is a designated person (within the meaning of section 9(2) of the Sanctions and Anti-Money Laundering Act 2018), where that information is publicly available.”
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“PART 4A
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whether the entity meets that condition by virtue of being a trustee.”
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whether the entity is a designated person (within the meaning of section 9(2) of the Sanctions and Anti-Money Laundering Act 2018), where that information is publicly available.”
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a list of any criminal convictions and sanctions.”
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a list of any criminal convictions and sanctions.”
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“PART 4A
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Schedule 2 4
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“Registrable beneficial owners: beneficial owners of qualifying estates
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Schedule 3 16
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““the transitional period” has the meaning given by section (Applications in the transitional period: information about land transactions)(10).”
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This paragraph applies where an overseas entity makes a disposition of a qualifying estate valued at £1,000,000 or greater during the transition period.
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““the transitional period” has the meaning given by section (Applications in the transitional period: information about land transactions) (10).”
Schedule 4 38
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Sub-paragraph (2) does not apply where—
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in respect of a transfer of ownership or other event that”
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Sub-paragraph (2) does not apply where—
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in respect of a transfer of ownership or other event that”
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that entry would be marked as provisional under section 44(1).”
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an overseas entity is entered as proprietor in the proprietorship section of the title sheet for a plot of land that is registered in the Land Register of Scotland, having been so entered during the pre-commencement period,”
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an overseas entity is entered as proprietor in the proprietorship section of the title sheet for a plot of land that is registered in the Land Register of Scotland, having been so entered during the pre-commencement period,”
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For the purposes of paragraphs 10(1)(a) and 11(1)(a)—
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The Secretary of State must consult the Scottish Ministers before making regulations under this paragraph that contain provision that would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.”
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Sub-paragraph (2) does not apply where—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in respect of a transfer of ownership or other event that”
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Sub-paragraph (2) does not apply where—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in respect of a transfer of ownership or other event that”
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that entry would be marked as provisional under section 44(1).”
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an overseas entity is entered as proprietor in the proprietorship section of the title sheet for a plot of land that is registered in the Land Register of Scotland, having been so entered during the pre-commencement period,”
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an overseas entity is entered as proprietor in the proprietorship section of the title sheet for a plot of land that is registered in the Land Register of Scotland, having been so entered during the pre-commencement period,”
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This paragraph applies where an overseas entity makes a disposition of a qualifying estate valued at £1,000,000 or greater during the transition period.
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For the purposes of paragraphs 10(1)(a) and 11(1)(a)—
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The Secretary of State must consult the Scottish Ministers before making regulations under this paragraph that contain provision that would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.”
Schedule 5 1
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This paragraph applies where an overseas entity makes a disposition of a qualifying estate valued at £1,000,000 or greater during the transition period.