The Register of Sasines (Application Procedure) Rules 2004

Scottish Statutory Instruments

2004 No. 318

REGISTERS AND RECORDS

The Register of Sasines (Application Procedure) Rules 2004

Made

1st July 2004

Laid before the Scottish Parliament

6th July 2004

Coming into force

28th November 2004

The Scottish Ministers, in exercise of the powers conferred by section 5(2) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, and after consultation with the Lord President of the Court of Session, hereby make the following Rules:

Citation and commencement

1.  These Rules may be cited as the Register of Sasines (Application Procedure) Rules 2004 and shall come into force on 28th November 2004.

Application form

2.  An application for the recording of a deed in the Register of Sasines shall be made on the form set out in the Schedule to these Rules.

Completion of application form

3.  An application for recording a deed in the Register of Sasines shall–

(a) specify a county to which the deed applies in relation to which the application is made; and

(b) specify the person or persons on whose behalf the application is made.

4.  The application shall be signed by the applicant or the applicant’s agent.

Information as regards recording fee

5.  On making an application the applicant shall submit sufficient information as will enable the Keeper of the Registers of Scotland to be satisfied that the fee payable for recording the deed under section 25 of the Land Registers (Scotland) Act 1868(2) has been tendered.

Acceptance of a deed for recording

6.  No deed shall be accepted for recording in the Register of Sasines unless presented for registration together with an application for recording of that deed made in accordance with Rules 2 to 5 above.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st July 2004

Article 2

SCHEDULE Form of application for recording a deed in the Register of Sasines

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the form to be used when making an application for recording of a deed in the Register of Sasines and set out requirements for completion of the application form. These Rules regulate applications for recording and provide that a deed shall not be recorded in the Register of Sasines unless it is accompanied by a correctly completed application form and sufficient information to enable the Keeper to be satisfied that the correct recording fee has been tendered.

(1)

2000 asp 5.

(2)

1868 c. 64.