The Land Register of Scotland (Automated Registration) etc. Regulations 2014

Duties of authorised persons

4.—(1) An authorised person must appoint a member of its staff to be the local registration authority.

(2) The local registration authority must, before any other members of staff of the authorised person may use the ARTL system—

(a) have an identity verification meeting with a member of staff of the Keeper; and

(b) authorise those other members of staff of the authorised person to be users.

(3) Prior to using the ARTL system, the authorised person, local registration authority and each user must submit to the Keeper agreement to the terms and conditions of use of that system by completing the appropriate box on the ARTL system.

(4) Those terms and conditions are those in respect of the authorised person which the Keeper acting reasonably considers appropriate, which have been notified to the authorised person, local registration authority or user from time to time to protect the security, integrity or stability of the ARTL system.

(5) A person may not be a local registration authority or user if that person—

(a) has a conviction for fraud; or

(b) is a disqualified person.

(6) In paragraph (5)(b) a disqualified person means—

(a) in the case of a solicitor, a person who is—

(i) disqualified from practising as a solicitor by reason of the fact that his or her name has been struck off the roll of solicitors; or

(ii) suspended from practising as a solicitor,

by the Law Society of Scotland or the Scottish Solicitors’ Discipline Tribunal;

(b) in the case of a registered foreign lawyer, a person—

(i) whose name has been removed from the register of foreign lawyers by the Scottish Solicitors’ Discipline Tribunal; or

(ii) whose certificate of registration as a registered foreign lawyer has been suspended in accordance with section 24F of the Solicitors (Scotland) Act 1980(1); or

(c) in the case of a registered European lawyer, a person—

(i) whose name has been removed from the register of European lawyers by the Scottish Solicitors’ Discipline Tribunal; or

(ii) whose certificate of registration as a registered European lawyer has been suspended in accordance with section 24F of the Solicitors (Scotland) Act 1980.

(1)

1980 c.46, amended by S.S.I. 2000/121, S.S.I. 2005/465, the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 77(2) and schedule 2, paragraph 1 and the Legal Services (Scotland) Act 2010 (asp 16), section 137(3).