I was not aware that SNP policy is to ban SLPs. If that happens, the advantages of limited partnerships will be denied to Scottish businesses. Instead, there needs to be an overhaul of governance 1/4
SLPs could, for example be deprived of legal personality (bringing them into line with English ones), could be barred from having non-UK domiciled partners and could be required to provide more fullsome annual reporting 2/4
Critically, however, this is not just a UK responsibility. The Herald revealed in 2017 that 60% of SLPs have not filed ownership information. 3/4 heraldscotland.com/news/15526548.…
Responsibility for enforcing criminal law lies with the Crown Office. With more than 17,000 SLPs failing to file required reports, there are £2 billion in fines waiting to be collected. Why is the Crown Office not launching proceedings against them? 4/4 heraldscotland.com/news/16110425.…
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THREAD Ownership of land and property by entities registered in secrecy jurisdictions has been a problem for decades. My view is that such entities should be barred from owning property in Scotland. But they continue to be allowed. 1/12
To increase transparency of such entities (and others such as Trusts, and Partnerships), the Scottish Parliament passed regulations to establish a “Register of Persons Holding a Controlled Interest in Land” this comes into force on 1 April 2/12 legislation.gov.uk/ssi/2021/85/co…
It will require such entities to declare who has a controlling interest. They have a year to comply. Failure to comply or to declare truthfully is an offence punishable with a fine of £5000. There is no requirement for any verification of the declaration 3/12
THREAD Delighted to have my first piece in the Land Detective series published in the @scotnational This is a short thread with some further background. 1/6 thenational.scot/politics/19903…
First of all, the name (advice from Gaelic scholars welcome). I used Allt-na-Ruighe in my submitted piece but its been edited to the name it is commonly known as - Allt-na-Reigh. I believe the former is correct (burn of the slope or pasture land) but views are welcome! 2/6
THREAD In Wildcat Haven Enterprises CIC vs Andy Wightman, I have now been awarded expenses of £170,979.31. My legal costs to date are over £170k and will be close to £200k when this is all over. 1/5
The pursuer has 14 days to lodge any objections to the determination by the Auditor of the Court of Session (whose fee for this work is £9356). 2/5
There is a bond of caution of £110,000 in the Court of Session which will be released in due course. Once outstanding legal costs have been settled, I expect to offer refunds of around 45-50% to all donors. 3/5
The 372.8ha of land is owned by Edinburgh Airport Ltd., a Scottish registered company. Edinburgh Airport Ltd. is wholly owned by Green Bidco Ltd., a UK registered company. 2/5
Green Bidco Ltd. is wholly owned by Green Midco Ltd., a UK registered company. Green Midco Ltd. is wholly owned by Green Topco Ltd., a company registered in the Cayman islands. 3/5
THREAD There is a lot of misinformation and confusion around the new regulations on fire and CO alarms that come into force 1 Feb 2022 and in relation to which there was a statement in Parliament today. 1/8
The regulations add the interlinked fire and CO alarms to the list of criteria in s86(1) of the Housing (Scotland) Act 1987 that define whether a house meets the statutory tolerable standard. 3/8 legislation.gov.uk/ukpga/1987/26/…
THREAD ScotGov has made a real mess of trying to regulate short-term lets. Since launching the Homes First campaign over 4 years ago, it is clear what needs to be done in principle. There are 2 elements to regulation. The 1st is planning reform and the 2nd is licensing. 1/11
The first (planning) determines whether a property can be used as a short-term let and application will be assessed (as all planning applications are) against planning law and the policies of the planning authority. 2/11
The second is licensing. A licensing scheme ensures that operators are fit and proper persons, have the requisite insurance and safety checks. Crucially, a license application can demonstrate whether the applicant has planning consent (a critical check). 3/11