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Levelling-up and Regeneration Bill

Moved by

Baroness Scott of Bybrook

438B: Before Clause 204, insert the following new Clause—

“The beneficial ownership purpose

(1) Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of—

(a) identifying persons who are beneficial owners of land in England or Wales, or

(b) understanding the relationship of those persons with the land that they beneficially own.

(2) For the purposes of this section, a person beneficially owns land if either of the following subsections applies.

(3) This subsection applies where—

(a) the land is owned by a body corporate or partnership, and

(b) the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations.

(4) This subsection applies where—

(a) the land is owned as part of—

(i) a trust, foundation or similar legal arrangement, or

(ii) the estate of a deceased person in the course of administration, and

(b) the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations.

(5) In this section—

(a) expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation;

(b) references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land;

(c) “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).”

Member's explanatory statement

See the explanatory statement for the first new Clause in the Minister’s name before Clause 204.

438C: Before Clause 204, insert the following new Clause—

“The contractual control purpose

(1) Information is within the scope of the contractual control purpose if it appears to the Secretary of State that the information would be useful for the purpose of understanding relevant contractual rights.

(2) For the purposes of subsection (1), understanding relevant contractual rights includes identifying the persons holding them and understanding the circumstances in which they were created or acquired.

(3) “Relevant contractual rights” are rights that—

(a) arise under a contract,

(b) relate to the development, use or disposal of land in England or Wales, and

(c) are held for the purposes of an undertaking.

(4) In this section—

“contract” includes a deed (whether or not made for consideration);

“undertaking” includes—

(a) a business,

(b) a charity or similar endeavour, and

(c) the exercise of functions of a public nature.”

Member's explanatory statement

See the explanatory statement for the first new Clause in the Minister’s name before Clause 204.

438D: Before Clause 204, insert the following new Clause—

“The national security purpose

(1) Information is within the scope of the national security purpose if—

(a) the information relates to land that is within subsection (2),

(b) the information is within subsection (3), and

(c) it appears to the Secretary of State that requiring the provision of the information under section (Power to require provision of certain classes of information) would be justified in the interests of national security.

(2) Land is within this subsection if it appears to the Secretary of State that a threat to national security arises in connection with the location of the land or anything situated or done on it.

(3) Information is within this subsection if it appears to the Secretary of State that the information would be useful for the purpose of—

(a) identifying persons who—

(i) own relevant interests in the land,

(ii) have relevant rights concerning the land, or

(iii) have the ability, or are in a position that may involve the ability, to control or influence (directly or indirectly) the owner of a relevant interest in the land, or a person with a relevant right concerning the land, in the exercise of that ownership or right, or

(b) understanding the relationship of those persons with the land.

(4) In subsection (3)—

(a) references to ownership include legal and beneficial ownership;

(b) “control or influence” includes control or influence by reason of interests or rights in or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those.”

Member's explanatory statement

See the explanatory statement for the first new Clause in the Minister’s name before Clause 204.