Overseas entities and land under the Economic Crime (Transparency and Enforcement) Act 2022—property transactions—Scotland

Copyright © 2025 LexisNexis
Produced in partnership with Rachel Oliphant of Pinsent Masons
Practice notes

Overseas entities and land under the Economic Crime (Transparency and Enforcement) Act 2022—property transactions—Scotland

Copyright © 2025 LexisNexis

Produced in partnership with Rachel Oliphant of Pinsent Masons

Practice notes
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This Practice Note looks at the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022) in the context of property transactions in Scotland. For an overview of EC(TE)A 2022, see Practice Note: Register of overseas entities that hold UK property—fundamentals. For EC(TE)A 2022 in the context of property transactions in England and Wales, see Practice Note: Overseas entities and land under the Economic Crime (Transparency and Enforcement) Act 2022—property registration and restrictions.

The provisions of EC(TE)A 2022 relating to the creation of a register of overseas entities and the registration of overseas entities at Companies House came into force on 1 August 2022 and the provisions relating to land ownership and registration came into force on 5 September 2022. Further regulations specifying various matters under EC(TE)A 2022 (such as the definition of an ‘exempt’ overseas entity) are still awaited. Further requirements on overseas entities have been introduced by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023).

Overseas entities and relevant interests in land

Overseas

Rachel Oliphant
Rachel Oliphant

Pinsent Masons

Rachel is a senior practice development lawyer for the Scottish property team at Pinsent Masons and is senior tutor in conveyancing on the Diploma in Legal Practice at The University of Edinburgh. After practising as a commercial property solicitor in England (at Reynolds Porter Chamberlain) and then in Scotland (at McGrigor Donald which she joined in 1995) Rachel became one of the first property professional support lawyers in Scotland in 2001. Rachel's transactional experience was in property development particularly retail development in both England and Scotland. In her current role at Pinsent Masons Rachel is responsible for keeping the property lawyers up to date on changes in property law and market practice, creating and maintaining precedents and organising and delivering training to ensure that the lawyers in the team are fully-equipped with the necessary technical excellence and skills to deliver a commercial and efficient service to clients. Rachel is a founding member of the Property Standardisation Group which was created in 2001 by the then four leading Scottish firms to produce agreed forms of documents and procedures for Scottish commercial property transactions for the benefit of the profession as a whole. The PSG provides a valuable resource for the profession in times of rapid changes in property law and procedure. Rachel is a member of the Scottish Property PSL Group and on the Scottish Property Federation's Sustainability and Building Design committee. 

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United Kingdom
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