The Land Registration (Scotland) Rules 2006

Scottish Statutory Instruments

2006 No. 485

LAND REGISTRATION

The Land Registration (Scotland) Rules 2006

Made

4th October 2006

Laid before the Scottish Parliament

5th October 2006

Coming into force in accordance with Rule 1

The Scottish Ministers, in exercise of the powers conferred by section 27(1) of the Land Registration (Scotland) Act 1979(1) and of all other powers enabling them in that behalf, and after consultation with the Lord President of the Court of Session in accordance with that section, hereby make the following Rules:

PART I GENERAL

Citation and commencement

1.—(1) These Rules may be cited as the Land Registration (Scotland) Rules 2006.

(2) Rules 1 and 10 of, and Schedule 2 to, these Rules shall come into force on 14th November 2006.

(3) Rules 2, 9 and 24 of, and Schedule 4 to, these Rules shall, for the purpose of applications for registration of interests in land using the ARTL System, come into force on 14th November 2006.

(4) All remaining rules and rules mentioned in paragraph (3), for all remaining purposes, shall come into force on 22nd January 2007.

Interpretation

2.—(1) In these Rules–

“the Act” means the Land Registration (Scotland) Act 1979(1);

“the 2000 Act” means the Abolition of Feudal Tenure etc. (Scotland) Act 2000(2);

“the 2003 Act” means the Title Conditions (Scotland) Act 2003(3);

“application for dual registration” means an application for–

(a)

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

(b)

registration of a notice of preservation under section 50 of the 2003 Act;

(c)

registration of a deed creating a positive servitude in accordance with section 75(1) of the 2003 Act; or

(d)

registration of a notice of converted servitude under section 80 of the 2003 Act;

“ARTL System” means the computer system managed and controlled by the Keeper of the Registers of Scotland to enable creation of electronic documents and the electronic generation and communication of an application for registration of a dealing affecting an interest in land registered in the Land Register of Scotland and automated registration in respect of that interest;

“authorised user” means a person who has been authorised by the Keeper to use the ARTL System for the purpose of registration of a dealing;

“benefited property” means in relation to a title condition, the interest in land to which the right to enforce the title condition is attached;

“burdened property” means in relation to a title condition, the interest in land which is affected by the title condition;

“certificate of title” means a land certificate or a charge certificate;

“community burden” has the meaning given in section 25 of the 2003 Act;

“constitutive deed” means the deed which sets out the terms of a title condition;

“dealing”, unless the context otherwise requires, means a transaction or event capable of affecting the title to a registered interest in land;

“debt” has the meaning assigned to it by section 9(8)(c) of the Conveyancing and Feudal Reform (Scotland) Act 1970(4);

“holder” means in relation to a title condition, the person who has the right to the title condition;

“personal real burden” has the meaning given in section 1(3) of the 2003 Act; and

“Registers Direct service” means the service provided by the Keeper which allows remote direct access by computer for the purpose of searching and retrieving information in respect of the register.

(2) In these Rules any reference to a numbered form is to the form bearing that number in Schedule 1 to these Rules.

PART II THE TITLE SHEET

Contents and distinguishing number of title sheet

3.—(1) A title sheet shall consist of the following sections: a Property Section, a Proprietorship Section, a Charges Section and a Burdens Section.

(2) Each title sheet of a registered interest in land shall be distinguished by a title number, consisting either of numbers or of letters and numbers.

Property section

4.—(1) The Keeper shall enter in the Property Section–

(a) the description of the land in accordance with section 6(1)(a) of the Act;

(b) the nature of the interest in the land;

(c) particulars of any subsisting real right pertaining to the interest;

(d) particulars of any subsisting right to a title condition pertaining to the interest by virtue of section 18, 19 or 20 of the 2000 Act or section 4(5), 50, 75 or 80 of the 2003 Act and the identity of the burdened property affected by such title condition;

(e) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Property Section; and

(f) such other information as the Keeper thinks fit.

(2) The Keeper shall include in the Property Section a plan of the land to which the interest relates.

(3) An entry in the Property Section in respect of particulars of a right to be entered in accordance with paragraph (1)(d) shall set out the terms of the title condition either by setting out–

(a) the terms of the title condition as set out in the constitutive deed in full or by entering a summary of such terms in the Property Section; or

(b) such terms by means of a reference to an entry in the Burdens Section of the same title sheet wherein such terms are set out in full.

Proprietorship section

5.  The Keeper shall enter in the Proprietorship Section–

(a) the name and designation of the person entitled to the interest in land;

(b) the extent of that person’s entitlement to the interest in land;

(c) the capacity in which that person is entitled to the interest in land, if that person is not so entitled as an individual;

(d) the destination, if any, to which the interest in land is subject;

(e) the date, if any, stated as the date of entry of that person to the interest in land;

(f) the date of registration of that person’s entitlement to the interest in land;

(g) any consideration stated for the transfer of the interest in land;

(h) any subsisting entry in the Register of Inhibitions and Adjudications adverse to the interest;

(i) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Proprietorship Section;

(j) a statement that there are in respect of the interest in land no subsisting occupancy rights–

(i) in terms of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(5), of spouses of persons who were formerly entitled to the interest in land; or

(ii) in terms of section 106 of the Civil Partnership Act 2004(6), of a non-entitled civil partner,

if the Keeper is satisfied that there is no such subsisting right; and

(k) such other information as the Keeper thinks fit.

Charges section

6.—(1) The Keeper shall enter in the Charges Section–

(a) particulars of any heritable security over the interest in land;

(b) particulars of any debt, including a pecuniary real burden affecting the interest in land;

(c) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Charges Section; and

(d) such other information as the Keeper thinks fit.

(2) The Keeper shall note in the Charges Section particulars of a floating charge which falls to be noted in terms of section 6(4) of the Act as an overriding interest.

Burdens Section

7.—(1) The Keeper shall enter in the Burdens Section–

(a) particulars of any subsisting real burden, other than a real burden which falls to be entered in the Charges Section, and of any subsisting condition affecting the interest in land;

(b) the identity of the benefited property or of the holder of a personal real burden in respect of any subsisting real burden or condition affecting the interest in land by virtue of section 18, 18A, 18B, 18C, 19, 20, 27 or 27A of the 2000 Act or section 4(5), 38, 43, 44, 45, 46, 50, 75 or 80 of the 2003 Act;

(c) any statement which the Keeper is entitled or required to enter on the title sheet by virtue of section 58 of the 2003 Act;

(d) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Burdens Section;

(e) particulars of a probative discharge of an overriding interest, other than a floating charge or the right of the proprietor of the benefited property in a servitude, but only where–

(i) the overriding interest has been either recorded in the Register of Sasines or noted in the Burdens Section; and

(ii) the applicant has requested that the particulars be noted;

(f) particulars of a probative discharge of the right of the proprietor of the benefited property in a servitude; and

(g) such other information as the Keeper thinks fit.

(2) Where particulars of any subsisting right to a title condition are to be entered in the Property Section in accordance with rule 4(3)(b), there shall be entered in the Burdens Section the terms of such title condition as set out in the constitutive deed.

(3) The Keeper shall note in the Burdens Section particulars of any overriding interest, other than a floating charge, which falls to be noted in terms of section 6(4) of the Act.

Combination and division of title sheets

8.  When it appears to the Keeper to be desirable to do so the Keeper may–

(a) enter the particulars of an interest in land in the title sheet of another interest in land and cancel the title sheet in which the interest was previously entered; or

(b) enter in another title sheet or in other title sheets a part or parts of the interest in land which was previously entered as a single interest and amend appropriately the title sheet in which the whole interest was previously entered.

PART III REGISTRATION OF INTERESTS IN LAND AND NOTING OF OVERRIDING INTERESTS AND ENTRY OF ADDITIONAL INFORMATION

Application for registration of interest in land

9.—(1) Subject to paragraphs (3) and (4) any application for registration shall be made by the person in whose favour a real right will be created or affected by registration and such an application may be made using the ARTL System in accordance with Rule 10 or otherwise shall be on the following forms–

(a) Form 1, where the application is for first registration;

(b) Form 2, where the application is for registration of a dealing (other than the transfer of part of a registered interest in land); or

(c) Form 3, where the application is for registration of a transfer of part of a registered interest in land.

(2) An application for registration otherwise than using the ARTL System shall be accompanied by an inventory of the writs relevant to the application on Form 4.

(3) Where an application for registration is an application for dual registration the application may be made by any person who has the right to the land which in terms of the application is to become a burdened or a benefited property.

(4) Where an enactment or an Act of the Scottish Parliament permits an application for registration to be made by a person that person may make such application.

(5) Paragraph (1) shall apply to an application made by virtue of paragraphs (3) or (4) for the purposes of determining on which form the application shall be made.

Application for registration using the ARTL System

10.—(1) An application for registration using the ARTL System may be made only by an authorised user.

(2) An application for registration of a dealing (other than the transfer of part of a registered interest in land) using the ARTL System shall be made by providing such of the information required in Part A of Schedule 2 and answers to such of the questions in Part B of that Schedule as are relevant to the particular application.

Withdrawal by applicant of application for registration

11.  An application for registration may be withdrawn by the applicant before the completion of registration.

Return by Keeper of document for amendment

12.  Subject to rule 13, where an application for registration is not accepted by the Keeper on the grounds that it does not comply with section 4(1) or (2)(a) or (d) of the Act, but has not been rejected by the Keeper or withdrawn by the applicant, the Keeper may return any document relating to the application to the applicant for amendment in order that the application may be made so to comply.

Failure by applicant to respond to Keeper’s request

13.  Where the applicant, having been requested by the Keeper to supply documents and evidence in accordance with section 4(1) of the Act or to amend a document in accordance with rule 12, fails to do so, the Keeper after the expiry of such reasonable period of time as may be fixed by the Keeper and intimated to the applicant, being not less than 60 days, may either complete registration, subject to exclusion of indemnity, or reject the application.

Application for noting of overriding interest or for entry of discharge of overriding interest or of additional information

14.  An application for–

(a) the noting of an overriding interest in terms of section 6(4) of the Act;

(b) the entering of–

(i) the discharge of an overriding interest in terms of rule 7(1)(e); or

(ii) additional information entered in terms of section 6(1)(g) of the Act; or

(c) the deletion of a note or an entry made, respectively, under paragraph (a) or (b) of this rule,

shall be on Form 5.

PART IV CERTIFICATE OF TITLE

Form of land certificate

15.  A land certificate issued by the Keeper in terms of section 5(2) of the Act shall be in Form 6.

Form of charge certificate

16.  A charge certificate issued by the Keeper in terms of section 5(3) of the Act shall be in Form 7.

PART V MISCELLANEOUS

Rectification of register

17.—(1) An application to the Keeper, under section 9(1) of the Act, for the rectification of the register shall be on Form 9.

(2) Where it appears to the Keeper that proceedings in the court or the Lands Tribunal for Scotland may result in an order for rectification of the register under section 9(1) of the Act, the Keeper shall note the existence of such proceedings on the title sheet of the interest in land to which the proceedings relate.

Notifications by Keeper

18.—(1) A decision of the Keeper on any matter affecting registration shall be notified by the Keeper to any person whose interest appears from the register to be affected by that decision.

(2) Notification shall not be made under paragraph (1) where notification would have the effect of informing the person entitled to the interest in land of the existence of a recorded deed or a registration upon which possession adverse to his interest may be founded in terms of section 1 of the Prescription and Limitation (Scotland) Act 1973.

(3) A notification under paragraph (1) shall be made in such form as the Keeper shall think fit and shall be sufficiently made if sent by post to the person’s last address shown on the register.

Affidavits to accompany applications for registration

19.  Affidavits intended to accompany an application for registration may be made before a notary public.

Maps of registered interests and index of proprietors

20.  The Keeper shall make up and maintain–

(a) an index map, based on the Ordnance Map, of registered interests in land; and

(b) an index of the names of all persons currently entered in the proprietorship section of title sheets.

Application to Keeper for report or office copy

21.—(1) Subject to paragraphs (2) and (3) below, an application to the Keeper for a report, or office copy in terms of section 6(5) of the Act, mentioned in column 1 of the following table shall be in the appropriate form as referred to in column 2 of the said table.

	(1)	(2)
	Report or office copy applied for	Form
(1)	Report prior to registration	10
(2)	Continuation of report prior to registration	11
(3)	Report over registered subjects	12
(4)	Continuation of report over registered subjects	13
(5)	Report to ascertain whether or not subjects have been registered	14
(6)	Office copy (in terms of section 6(5) of the Act)	15

(2) An application for a report, or office copy in terms of section 6(5) of the Act, may be made by telephone provided the information which would have been included in an equivalent application under paragraph (1) is supplied, together with such additional information as may be required by the Keeper.

(3) An application for a report, or office copy in terms of section 6(5) of the Act, may be made by facsimile or electronic mail provided the information which would have been included in an equivalent application under paragraph (1) is supplied.

Application for Registers Direct service

22.—(1) An application may be made to the Keeper for use of the Registers Direct service.

(2) On making an application, an applicant shall submit such information as will enable the Keeper to be satisfied that suitable arrangements have been made for payment of any fees incurred by the applicant.

(3) Any user of the Registers Direct service shall, on being required to do so by the Keeper, submit such information as will enable the Keeper to be satisfied that the requirements of paragraph (2) continue to be met.

Description of a registered interest in land

23.  Land in respect of which an interest has been registered shall be sufficiently described in any deed relating to that interest if it is described by reference to the number of the title sheet of that interest in the manner prescribed by Schedule 3 to these Rules.

Revocation

24.  The rules listed in Schedule 4 to these Rules are revoked.

JOHANN LAMONT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th October 2006

Rule 2(2)

SCHEDULE 1 LIST OF FORMS TO BE USED IN CONNECTION WITH REGISTRATION

Form	Purpose	Reference to Act
1.	Application for first registration	Section 4
2.	Application for registration of a dealing (other than the transfer of part of a registered interest in land)	Section 4
3.	Application for registration of a transfer of part of a registered interest in land	Section 4
4.	Inventory of writs	Section 4
5.	Application for noting of overriding interest or for entry of other information in terms of section 6(1)(g)	Section 6(4)
6.	Land Certificate	Section 5(2)
7.	Charge Certificate	Section 5(3)
9.	Application for rectification of the register	Section 9(1)
10.	Application for report prior to registration	–
11.	Application for continuation of report prior to registration	–
12.	Application for report over registered subjects	–
13.	Application for continuation of report over registered subjects	–
14.	Application for report to ascertain whether or not subjects have been registered	–
15.	Application for office copy	Section 6(5)

Rule 10

SCHEDULE 2 REGISTRATION USING ARTL SYSTEM

PART A INFORMATION

1.  Title number.

2.  Type of dealing.

3.  User reference.

4.  Lender reference (optional).

5.  Names and addresses of granters of electronic document (insofar as these differ from the data held in the register.).

6.  Names and addresses of grantees of electronic document.

7.  Consideration.

8.  Value of subjects.

9.  Amount of Loan.

10.  Destination (select option from list).

11.  Date of Entry.

12.  Warrandice (select option from list).

13.  Form of certificate of title required: electronic or paper.

14.  Identification of other ARTL users involved in transaction.

15.  Identification of signatories of electronic document.

16.  Document template.

17.  Bank account.

PART B ARTL QUESTIONS

1.  Where the electronic document inducing registration is a disposition or assignation of lease–

(a) Is there any person in possession or occupation of the subjects or any part of them adversely to the interest of the applicant? YES/NO

(b) If the subjects were acquired by the applicant under any statutory provision, does the statutory provision restrict the applicant’s power of disposal of the subjects? YES/NO

2.  Is any party to the electronic document inducing registration a company registered under the Companies Acts? YES/NO

(If YES)

(a) Has a receiver, administrator or liquidator been appointed, or has any resolution been passed or court order made for the winding up of the company or petition presented for its liquidation? YES/NO

(b) Is it a charity as defined in section 112 of the Companies Act 1989? YES/NO

(c) Is the transaction to which the electronic document gives effect one to which section 322A of the Companies Act 1985 applies? YES/NO

3.  Is any party to the electronic document inducing registration a corporate body other than a company registered under the Companies Acts YES/NO

(If YES) is it acting intra vires? YES/NO

4.  Where the electronic document inducing registration is a disposition or assignation of lease–

(a) Could the subjects be a matrimonial home within the meaning of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or a family home within the meaning of the Civil Partnership Act 2004? YES/NO

(b) (If YES) Do the necessary consents, renunciations, affidavits or written declarations exist confirming that the subjects will not be affected by any subsisting occupancy right of–

(i) any spouse of the current registered proprietor, and of any other party (excluding the applicant) who has subsequently been entitled to the interest in land, in terms of section 6 of the 1981 Act? YES/NO

(ii) any civil partner of the current registered proprietor, and any other party (excluding the applicant) who has subsequently been entitled to the interest in land, in terms of section 106 of the 2004 Act? YES/NO

5.  Where the electronic document inducing registration is a disposition, assignation of lease, standard security or discharge or assignation of standard security–

(a) Has a Land Register Report been obtained which includes certification of a search in the Register of Inhibitions and Adjudications (“ROI”) against–

1.  the grantor of the deed; and

2.  any party whose right has vested in the grantor by virtue of any unregistered mid-couple or link? YES/NO

(i) (If YES) to what date was that search made?

(ii) (If 5(a)(i) was answered NO) has a search been carried out against the aforesaid grantor/other party in the ROI? YES/NO

(if YES) to what date was that search made?

(b) Does the Land Register Report or the search in the ROI disclose any subsisting entries in the ROI pertaining to the grantor/other party aforesaid which are adverse to the interest in land? YES/NO

6.  Where the electronic document is a disposition, assignation of lease or assignation of standard security Is the electronic document inducing registration in implement of a power of sale under a heritable security? YES/NO

(If YES) Have the statutory procedures necessary for the proper exercise of such power been complied with? YES/NO

7.  Where the electronic document is a disposition or assignation of lease Is the electronic document inducing registration pursuant on a Compulsory Purchase Order? YES/NO

(If YES) Have the necessary statutory procedures been complied with? YES/NO

8.  Is any party to the electronic document inducing registration subject to any legal incapacity or disability? YES/NO

9.  Has each granter of the electronic document inducing registration authorised that it be authenticated on their behalf? YES/NO

10.  Where any granter of the electronic document is, or appears to be a different person from the party appearing from the Register entitled to grant the document–

(a) Is [name entered in ARTL] the same person as [name as appearing in Title Sheet]? YES/NO

(If NO) (b) Does [name entered in ARTL] have right to the interest in land by virtue of the operation of a special destination? YES/NO

(if NO) (c) Is [name entered in ARTL] vested in the interest of [name appearing in Title Sheet] by ex facie valid midcouple(s)? YES/NO

(If NO) (d) Does [name entered in ARTL] have right to sell the subjects in terms of a power of sale under a heritable security? YES/NO

11.  Are there any facts and circumstances material to the right or title of the applicant which have not already been disclosed in this application? YES/NO

Rule 23

SCHEDULE 3 DESCRIPTION OF REGISTERED INTERESTS IN LAND

In any conveyance of, or other dealing with, or reference to, an interest in land which has been registered in the Land Register of Scotland the interest should be described as: “the subjects registered under Title Number(s) [here insert the appropriate number(s)]”.

NOTES

(a) If part only of the registered interest in land is being conveyed or otherwise dealt with for the first time, such part should either be described adequately adding “being part of the subjects registered under Title Number(s) [here insert the appropriate number(s)]” or thus: “All and whole the subjects registered under Title Number(s) [here insert the appropriate number(s)] with the exception of [describe the part excepted].”.

(b) If several subjects are registered under the one Title Number and it is desired to specify one or more of them, these may be distinguished thus: “All and whole the subjects (First) registered under Title Number [here insert the appropriate number]” or “the subjects (Second) and (Third) registered under Title Number [here insert the appropriate number].”.

Rule 24

SCHEDULE 4

Title	Number
The Land Registration (Scotland) Rules 1980	S.I. 1980/1413
The Land Registration (Scotland) Amendment Rules 1982	S.I. 1982/974
The Land Registration (Scotland) Amendment Rules 1995	S.I. 1995/248
The Land Registration (Scotland) Amendment Rules 1998	S.I. 1998/3100
The Land Registration (Scotland) Amendment Rules 2004	S.S.I. 2004/476

Explanatory Note

(This note is not part of the Rules)

These Rules consolidate the Land Registration (Scotland) Rules 1980 (“the 1980 Rules”) subject to amendment in order to enable the modernisation of practice and procedure particularly with regard to the use of electronic communications.

Part II of the Rules provides for the content of the title sheet and each section within that, namely the Property Section, Proprietorship Section, Charges Section and Burdens Section. Rule 5(j)(ii) is a new provision requiring the Keeper to enter a statement regarding occupancy rights that may exist by virtue of the Civil Partnership Act 2004.

Part III of the Rules provides for registration of interests in land and noting of overriding interests and the entry of additional information. Rule 10 and Schedule 2 are new provisions for registration using the electronic automated registration of title to land (ARTL) system being introduced by the Keeper.

Part IV of the Rules provides for the form of land certificates or charge certificates issued by the Keeper.

Part V of the Rules contains miscellaneous provisions including rule 24 revoking the 1980 Rules and amendments.

Rule 16 of the 1980 Rules provided for an application for a Land or Charge Certificate to correspond with the title sheet. Such applications are no longer considered necessary as the title sheet itself is the true measure of the rights and interests of a proprietor and authenticated copies of the title sheet can readily be obtained. Form 8 has therefore not been retained. The remaining forms have not been renumbered due to the familiarity of practitioners with the existing forms and their numbers. Similarly rules 17 (amendment or cancellation of Certificate of Title by Keeper), 18 (circumstances where Certificate of Title need not be produced to Keeper) and 19 (issue by Keeper of Substitute Certificate of Title) of the 1980 Rules have not been reproduced.

(1)

1979 c. 33. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

2000 asp 5.

(3)

2003 asp 9.

(4)

1970 c. 35.

(5)

1981 c. 59.

(6)

2004 c. 33.