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.
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–
registration of a constitutive deed under section 4(5) of the 2003 Act;
registration of a notice of preservation under section 50 of the 2003 Act;
registration of a deed creating a positive servitude in accordance with section 75(1) of the 2003 Act; or
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.
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).