Draft Order laid before the Scottish Parliament under section 116(3)(l) of the Land Registration etc. (Scotland) Act 2012 for approval by resolution of the Scottish Parliament.
2021 No.
The Registers of Scotland (Fees) Amendment Order 2021
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 110 of the Land Registration etc. (Scotland) Act 20121 and all other powers enabling them to do so.
In accordance with section 110(3) of that Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland about (among other things), the expenses incurred by the Keeper in relation to the matters specified in section 110(3)(a) and (b) of that Act, and the desirability of encouraging registering, recording and entering in any register under the management and control of the Keeper.
In accordance with section 116(3)(1) of the Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
1
This Order may be cited as the Registers of Scotland (Fees) Amendment Order 2021.
2
This Order comes into force on 1 April 2021.
Amendment of the Registers of Scotland (Fees) Order 20142
1
The Registers of Scotland (Fees) Order 20142 is amended as follows.
2
In article 2(1) (interpretation), for the definition of “ARTL system” substitute—
“digital registration system” has the same meaning as in regulation 1(2) (interpretation) of the Land Register of Scotland (Automated Registration) etc. Regulations 20143,
3
Schedule 1 is amended in accordance with paragraphs (4) to (13).
4
In paragraph 1(3)(a)(ii) (applications for deeds (other than heritable securities) and voluntary registration), for “ARTL system” substitute “digital registration system”.
5
In paragraph 2 (heritable securities), for sub-paragraphs (a) and (b) substitute—
a
£80 for each title sheet affected, or
b
where an application may be, and is, made using the digital registration system, £60 for each title sheet affected
6
In paragraph 3 (related fees and services)—
a
omit sub-paragraphs (1) to 1(A),
b
in sub-paragraph (2), for “£10” substitute “£20”
c
in sub-paragraph (3), for “£60” substitute “£80”, and
d
in sub-paragraph (4), for “£60” substitute ”£80”.
7
In paragraph 6 (recording by memorandum), for “£60” substitute “£80”.
8
In paragraph 7 (additional extract or plain copy), for “£10” substitute “£20”.
9
For paragraph 9 (other deeds) substitute—
9
Where an application for registration is made under section 21 of the Act, or for recording in the Register of Sasines, or other deeds not referred to in Parts 1 and 2 of this schedule, the fee is £80 for each title sheet affected or each deed recorded.
10
For paragraph 10 (dual registration) substitute—
10
Where an application for registration under section 21 of the Act or for recording a deed in the Register of Sasines comprises an application for dual registration or an application for variation of a title condition and no fee is provided in respect of such application in Parts 1 and 2 of this schedule, the fee is £80 in respect of that application plus £80 for every title sheet other than the first affected by that application and for each deed recorded.
11
For the table of fees in Part 3 substitute—
Table of Fees
Column 1
Column 2
Column 3
Column 4
Column 5
Consideration paid or value £
Fee £
Former Fee £
Voluntary registration Fee £
Former Voluntary Registration Fee £
0 - 50,0000
80
60
60
45
50,001 - 100,000
140
120
110
90
100,001 – 150,000
260
240
200
180
150,001 – 200,000
400
360
300
270
200,001 – 300,000
530
480
400
360
300,001 – 500,000
660
600
500
450
500,001 – 700,000
800
720
600
540
700,001 - 1,000,000
930
840
700
630
1,000,001 – 2,000,000
1,100
1,000
830
750
2,000,001 – 3,000,000
3,300
3,000
2,480
2,250
3,000,001 – 5,000,000
5,500
5,000
4,130
3,750
5,000,001 or more
8,250
7,500
6,190
5,625
12
For the table in Part 4 (the Chancery and Judicial Registers) substitute—
Registration Fees
Register
Product/Service
Fee
Former fee
Register of Inhibitions
For each document
£25
£15
Register of Deeds and Probative Writs in the Books of Council and Session
For each document (including first extract)
£20
£10
Register of Protests
For each document (including first extract)
£20
£10
Register of Judgments
For each document (including first extract)
£20
£10
Register of the Great Seal
For a charter of incorporation
£260
£250
For a commission
£640
£630
Register of the Cachet Seal
For each impression
£40
£30
Register of the Quarter Seal
For each gift of ultimus haeres or bona vacantia
£140
£130
All
When a document is being registered, an additional extract or plain copy requested at the date of the application for registration
£20 plus VAT
£10 plus VAT
None
For each certificate issued under the Civil Jurisdiction and Judgments Act 1982
£40
£30
13
For the table in Part 7 (fees for access to a register under the management and control of the Keeper and information made available by the Keeper) substitute—
Register
Product/Service
Fee
Former Fee
Land Register and Register of Sasines
Search conducted by the Keeper on behalf of a person over one full address including postage, per result (including one plain copy), including nil return
£30 plus VAT
£20 plus VAT
All registers under the management and control of the Keeper
Search conducted by a person through the Registers of Scotland online system (including one title sheet)
£3 plus VAT
_
Registers under the management and control of the Keeper (under exception of the Land Register and Register of Sasines)
Request for inspection of a register in respect of one entry (including response)
£30 plus VAT
_
Land Register
Extract of—
£35 plus VAT
£30 plus VAT
Title sheet and part of the cadastral map
Title sheet
Part of a title sheet
Part of cadastral map
Document from the archive record
Application
Advance notice
Document in the application record
Part of document in application record
Certified copy of—
Application
Advance Notice
Document in the application record
Part of document in application record
Land Register
Plain copy of—
£25 plus VAT
£16 plus VAT
Title sheet and part of the cadastral map
Title sheet
Part of a title sheet
Part of cadastral map
Document from the archive record
Part of document from the archive record
Application
Advance notice
Document in the application record
Part of document in application record
Register of Sasines
Extract of recorded deed
£35 plus VAT
£30 plus VAT
Register of Sasines
Plain copy of recorded deed
£25 plus VAT
£16 plus VAT
Register of Judgments, Register of Deeds and Register of Protests
Extract of registered deed
£35 plus VAT
_
Register of Inhibitions, Register of Judgments, Register of Deeds and Register of Protests
Plain copy of registered deed
£35 plus VAT
_
Crofting Register
Office copy of a registration schedule of a croft, common grazing or land held runrig
Information provided by the Keeper regarding the suitability of an applicant’s map for registration purposes in the Crofting Register
£35 plus VAT
£30 plus VAT
Crofting Register
Plain copy of a registration schedule of a croft, common grazing or land held runrig
Copy of an Ordnance Survey map supplied for the purpose of registration in the Crofting Register
£25 plus VAT
£16 plus VAT
Register of Community Interests in Land
Extract of registration
Plan (colour)
£35 plus VAT
£30 plus VAT
Register of Community Interests in Land
Plain copy of registration Plan (black and white)
£25 plus VAT
£16 plus VAT
(This note is not part of the Order)