The Registers of Scotland (Fees) Order 2014

Citation and commencement

1.—(1) This Order may be cited as the Registers of Scotland (Fees) Order 2014.

(2) With the exception of the sub-paragraph mentioned in paragraph (3), this Order comes into force on 8th December 2014.

(3) Paragraph 3(1) of Part 1 of Schedule 1 comes into force on 9th February 2015.

Interpretation

2.—(1) In this Order—

“the Act” means the Land Registration etc. (Scotland) Act 2012;

“the 2003 Act” means the Title Conditions (Scotland) Act 2003(1);

“application for dual registration” means an application made for registration of—

(a)

a constitutive deed under section 4(5) of the 2003 Act; or

(b)

a deed creating a positive servitude under section 75(1) of the 2003 Act;

“application for variation of a title condition” means an application made for registration of—

(a)

a deed of variation or discharge granted by virtue of section 33 or 35 of the 2003 Act;

(b)

an order of the Lands Tribunal for Scotland under section 90(1)(c) or 91 or on the refusal of an application made under section 90(1)(c) of the 2003 Act; or

(c)

a deed of discharge by virtue of section 15 of the 2003 Act;

“ARTL system” means the computer system managed and controlled by the Keeper to enable the creation of electronic documents and the electronic generation and communication of an application for registration of a deed relating to a registered plot in the Land Register of Scotland and automated registration of that deed; and

“relevant rent” means the largest amount of annual rent a lease reserves within the first 10 years of its term that can be—

(a)

quantified; or

(b)

estimated, where that amount cannot be quantified,

at the date an application to register the grant of the lease is made.

(2) For the purposes of the definition of “application for dual registration” and “application for variation of a title condition”, “registration” in relation to a deed, notice or order means registering in the Land Register or recording the deed in the Register of Sasines.

Fees

3.  The fee payable in relation to—

(a) registering a plot of land or a deed in the Land Register is specified in Parts 1 and 3 of Schedule 1;

(b) recording a deed in the Register of Sasines is specified in Parts 2 and 3 of Schedule 1;

(c) registering a document in the Chancery and Judicial Registers(2) is specified in Part 4 of Schedule 1;

(d) registering or updating the registration schedule of a croft, common grazing or land held runrig in the Crofting Register(3) is specified in Part 5 of Schedule 1;

(e) registering a tenant’s interest in acquiring land in the Register of Community Interests in Land(4) for the purposes of the Agricultural Holdings (Scotland) Act 2003(5) is specified in Part 6 of Schedule 1; and

(f) access to any register under the management and control of the Keeper and information made available by the Keeper is specified in Part 7 of Schedule 1.

Authorisation for the Keeper to determine fees

4.—(1) The Keeper is authorised, in accordance with this article, to make a determination—

(a) increasing; or

(b) decreasing,

any fee set out in Schedule 1 by an amount not exceeding £10.

(2) A determination increasing fees under paragraph (1)(a)—

(a) may only be made where—

(i) necessary to prevent material damage to the Keeper’s financial position; and

(ii) that damage arises from conditions which cannot be otherwise mitigated by action by the Keeper; and

(b) subsists for a maximum period of 2 years from the date on which it comes into effect, after which it ceases to have effect.

(3) A determination decreasing fees under paragraph (1)(b)—

(a) may only be made where it would have no material negative impact on the Keeper’s financial position; and

(b) subsists for a maximum period of one year from the date on which it comes into effect, after which it ceases to have effect.

(4) The Keeper must consult the Scottish Ministers about any such increase or decrease in fees.

(5) Any determination under this article—

(a) must state the date on which it comes into effect; and

(b) may have effect only after a minimum period of 3 months’ notice from the date of its publication on the Keeper’s website(6).

Revocations

5.  The instruments specified in columns 1 and 2 of Schedule 2 are revoked to the extent specified in column 3 of the Schedule, subject to the savings in article 6.

Saving provisions

6.—(1) The Fees in the Registers of Scotland Order 1995(7) continues to have effect on and after 8th December 2014 as it had effect immediately before that date in respect of any—

(a) application for registering, recording or entering in any register under the management and control of the Keeper mentioned in that Order;

(b) request for a search or information, including copies and extracts relating to those registers,

received by the Keeper before 8th December 2014.

(2) The Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004(8) continue to have effect on and after 8th December 2014 as they had effect immediately before that date in respect of any request for copies or extracts of entries in the Register of Community Interests in Land received by the Keeper before 8th December 2014.

(3) The Agricultural Holdings (Fees) (Scotland) Order 2004(9) continues to have effect on and after 8th December 2014 as it had effect immediately before that date in respect of any—

(a) application for registration in the Register of Community Interests in Land of tenants’ interests in acquiring land;

(b) request for extracts and copy extracts of registration relating to that Register for the purposes of the Agricultural Holdings (Scotland) Act 2003;

received by the Keeper before 8th December 2014.

(4) The Crofting Register (Fees) (Scotland) Order 2012(10) continues to have effect on and after 8th December 2014 as it had effect immediately before that date in respect of any—

(a) application for—

(i) registration in the Crofting Register;

(ii) updating a registration schedule;

(b) request for searches, reports, copies of documents or information relating to that Register,

received by the Keeper before 8th December 2014.

  FERGUS EWING    

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th June 2014