The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision related to voluntary registration under section 27 of the Land Registration etc. (Scotland) Act 2012 (“the Act”). Most of the provisions in article 4 come into force on 30th June 2015. Articles 2, 3 and 4(5) come into force on 1st April 2016.

Article 2 removes the discretion of the Keeper of the Registers of Scotland to refuse voluntary applications by repealing section 27(3)(b) of the Act.

Article 3 prescribes the day on and after which the recording of a standard security in the Register of Sasines has no effect. Standard securities over plots of land not yet registered in the Land Register become registrable on the registration in the Land Register of the underlying plot of land.

Article 4 amends Parts 1 and 7 of the Schedule to the Registers of Scotland (Fees) Order 2014:—

• Paragraph 1(1) to (3) are replaced to clarify the types of deeds to which the fees relate, and to reduce for voluntary registration, by 25% across each range of consideration paid or value, the fee set out in column 2 of the Table of Fees in Part 1 of the Schedule. The Table of Fees is replaced to add an additional column with the discounted rates for voluntary registration.

• A disposition which only evacuates a survivorship destination is to be charged at the fee of £60 for each title sheet affected instead of the fee by value set out in those columns (inserted sub-paragraph (10)).

• The fee for voluntary registration is removed altogether where the registration is of even date with a standard security relating wholly to the same plot of land (inserted sub-paragraph (11)).

• The additional rejection and withdrawal fee of £30 is removed from applications rejected or withdrawn only because they relate to other such applications for which such a fee is paid, e.g. a standard security rejected if the disposition it relates to is rejected.

• Amendments are made to Part 7 in respect of fees charged for copy documents, to add new fees of £16 plus VAT for a copy search in the Register of Sasines, or a plain copy from the Register of Inhibitions or Register of Deeds and Probative Writs in the Books of Council and Session, and £30 plus VAT for an extract from the latter register.

A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh EH8 7AU.