PART 4Other electronic document requirements for registration in the Keeper’s registers

Amendment of the Electronic Documents (Scotland) Regulations 20148

1

The Electronic Documents (Scotland) Regulations 201410 are amended as follows.

2

In regulation 1(2) (interpretation)—

a

omit the definition of “the ARTL system”;

b

in the definition of “ARTL document”—

i

for “ARTL document” substitute “digital registration document”; and

ii

for “ARTL system” substitute “digital registration system”; and

c

after the definition of “digital certificate” insert—

  • “digital registration system” means a computer system managed and controlled by the Keeper in accordance with section 99(1) of the Land Registration etc. (Scotland) Act 2012;

3

In regulation 6 (registration of electronic documents in the Land Register)—

a

the existing regulation becomes paragraph “(1)”;

b

for “ARTL document” substitute “digital registration document”

c

in paragraph (a), for “ARTL system” substitute “digital registration system”;

d

in paragraph (c)—

i

in sub-paragraph (i) omit “(10/12)”;

ii

in sub-paragraph (iv) for “Secure Hash Algorithm-1 (SHA-1)” substitute “Secure Hash Algorithm-2 (SHA-2)11”;

iii

in sub-paragraph (v), after “documents” insert “, land and buildings transaction tax land transaction returns”; and

iv

in sub-paragraph (viii), after “or to refer” insert “land and buildings transaction tax or”;

e

at the end, insert—

2

A digital registration document to be recorded in the Register of Sasines against burdened or benefitted property (or both) which is capable of being, and is also to be, dual registered in the Land Register of Scotland under section 4(5) or 75(1) of the Title Conditions (Scotland) Act 200312—

a

must comply with the requirements of paragraph (1)(a) to (c); and

b

may be registered using the digital registration system.

f

at the end of the title to that regulation insert “and Register of Sasines”.

4

In regulation 7 (registration of ARTL standard securities for preservation and execution), for “ARTL document” substitute “digital registration document”.

5

In the title to that regulation for “ARTL” substitute “electronic”.