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The Fees in the Registers of Scotland Order 1991
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Article 3
SCHEDULETABLE OF FEES IN THE REGISTERS OF SCOTLAND
PART I –LAND REGISTER OF SCOTLAND
1.REGISTRATION FEES
A. Interests in land other than heritable securities
When application is made for–
(a)registration of an unregistered interest in land in pursuance of section 2(1) of the Act;
(b)registration of the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or
(c)registration of any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act,
the fee to be charged shall be calculated as follows:–
(i)where the interest in land to which the registration relates has been created, granted or transferred for a consideration, on the amount of the consideration or the value of that interest, whichever is the greater; or
(ii)in any other case, on the value of the interest in land to which the registration relates except that, where an application is made to register an interest or interests in land excambed, a fee will be charged on the value of the interest to which the application relates,
and shall be at the rates shown in Table A in Part XI of this Schedule, subject to the provisions of Part III of this Schedule and to the following provisions:–
(a)where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;
(b)where a single application, not being an application to register a Transfer of Part of a registered interest in land, affects a number of Title Sheets, the fee to be charged shall be based on the amount of the consideration or the value of the interest in land created, granted or transferred, whichever is the greater, plus a fixed fee for every Title Sheet affected other than the first;
(c)where an application is made to give effect to a survivorship destination only, a fixed fee will be charged.
B. Heritable securities
When application is made for–
(a)registration of the creation over a registered interest in land of a heritable security in pursuance of section 2(3) of the Act; or
(b)registration of any other dealing with a heritable security in pursuance of section 2(4) of the Act,
the fee to be charged shall be calculated on the amount of the heritable security or securities created, or otherwise dealt with and shall be at the rates shown in Table B in Part XI of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:–
(i)where a heritable security secures a yearly or periodical payment, the amount of the heritable security shall be the capitalised amount of the payment, calculated at 10 years' purchase;
(ii)where an application for the registration of a heritable security over a registered interest in land accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of the security will be charged;
(iii)where a Discharge, a Discharge and Deed of Restriction or a Deed of Restriction of a heritable security however constituted accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of each such accompanying security deed will be charged;
(iv)where a Discharge and Deed of Restriction is registered on its own the fee will be charged on the amount of the Discharge;
(v)where a Deed of Restriction is registered on its own, a fixed fee will be charged;
(vi)where a variation of a heritable security is registered a fixed fee will be charged except where the amount secured by the security is increased, in which case the fee will be charged on the amount of the increase;
(vii)where a single application affects a number of Title Sheets, the fee to be charged will be based on the amount of the security or securities created, or otherwise dealt with, plus a fixed fee for each Title Sheet affected other than the first.
2.REPORTS
When application is made–
| £ | |
|---|---|
(a)on Form 10 for a Report prior to first Registration | 16.50 |
(b)on Form 11 for continuation of Report prior to first Registration | 10.00 |
(c)on Form 12 for a Report over Registered Subjects | 16.50 |
(d)on Form 13 for continuation of Report over Registered Subjects | 10.00 |
(e)on Form 14 for a Report to ascertain whether or not Subjects have been registered | 16.50 |
(f)where a verbal or facsimile Report is requested in addition to items (a) to (e) above, for each such Report | 5.00 |
3.MISCELLANEOUS SERVICES
When application is made–
| £ | |
|---|---|
(a)on Form 5 for Noting of Overriding Interest etc. | 22.00 |
(b)on Form 8 for Certificate of Title to be made to correspond with Title Sheet | 22.00 |
(c)on Form 9 for Rectification of Register | 22.00 |
(d)on Form P16 for comparison of a bounding description with the Ordnance Map | 16.50 |
(e)on Form P17 for comparison of the boundaries on the Certificate Plan with the Ordnance Map | 16.50 |
(f)for checking the boundaries of adjoining properties | 16.50 |
(g)for a Substitute Certificate of Title | 22.00 |
(h)for cancellation of an application in terms of rules 10 and 12 of the Land Registration (Scotland) Rules 1980((1)) | 22.00 |
PART II –GENERAL REGISTER OF SASINES
1.RECORDING FEES
A. Conveyances
In respect of the recording of a conveyance, including absolute conveyance, voluntary or judicial, either for a price or as a gift or in implement of trust or other purpose, completion of title by decree or by Notice of Title, feu-right, lease, deed creating a ground annual or other yearly or periodical payment where there is a transfer of heritable subjects not in security, and generally all deeds transferring an absolute right to heritable subjects, the fee to be charged shall be calculated as follows:–
(a)where a conveyance for a consideration is recorded, on the amount of the consideration or the value of the heritable subjects transferred or passing, whichever is the greater; or
(b)in any other case, on the value of the heritable subjects transferred or passing;
and shall be at the rates shown in Table A in Part XI of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:–
(i)where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;
(ii)where an excambion is effected by more than one deed, a fee will be charged for each deed on the value of the subjects therein, and where an excambion is effected by one deed, the fee will be calculated on the total value of the subjects therein;
(iii)where a Notice of Title is recorded along with another deed feuing or leasing the whole of the same subjects a fixed fee will be charged on that Notice of Title.
B. Heritable securities
In respect of the recording of a heritable security, including the constitution, transfer, postponement, corroboration or extinction of a security, (but excluding a ground annual created by bilateral deed), the fee to be charged shall be calculated as follows:–
(a)on the amount of the heritable security or securities created, transferred, postponed, corroborated or discharged; or
(b)where there is any combination of transfer, postponement, corroboration and discharge of a heritable security or securities, on the amount of the security or securities affected by such combination;
and shall be at the rates shown in Table B of Part XI of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:–
(i)where a heritable security secures a yearly or periodical payment, the amount of the security shall be the capitalised amount of the payment, calculated at 10 years' purchase;
(ii)where a heritable security accompanies a conveyance to the granter of the security of the subjects over which the security is constituted, a fixed fee for the recording of the security will be charged;
(iii)where a Discharge and Deed of Restriction is recorded the fee will be charged on the amount of the Discharge;
(iv)where a Deed of Restriction is recorded, a fixed fee will be charged;
(v)where a variation of heritable security is recorded a fixed fee will be charged, except where the amount secured by the heritable security is increased, in which case the fee will be charged on the amount of the increase.
C. Recording by memorandum
Where any writ is presented in the Register of Sasines for recording by Memorandum, a fee equivalent to half of the fixed fee shall be charged for each Memorandum.
2.SEARCHING FEES
Search for Incumbrances
For every Search:–
| £ | |
|---|---|
| For any period not exceeding 5 years | 12.00 |
| from 6 to 10 years | 14.00 |
| ” 11 to 20 ” | 16.00 |
| ” 21 to 30 ” | 18.00 |
| ” 31 to 40 ” | 20.00 |
| over 40 years | 25.00 |
| Plus £5.00 for each group of 6 names or less searched for in the Register of Inhibitions and Adjudications. |
Interim Reports
| £ | |
|---|---|
| Interim Report prior to completion of Search | 5.00 |
| Plus £5.00 for each group of 6 names or less searched for in the Register of Inhibitions and Adjudications. |
PART III –FEES FOR REGISTRATIONS AND RECORDINGS IN BOTH THE LAND AND SASINE REGISTERS
1.RECORDING AND REGISTRATION FEES FOR SINGLE TRANSACTIONS EFFECTED BY MORE THAN ONE DEED AND/OR APPLICATION
A. Interests in land other than heritable securities
Where a single transaction, other than an excambion, is given effect to in a deed or deeds presented for recording in the Register of Sasines and/or by an application or applications for registration in the Land Register, and due notice is given to the Keeper of the nature of that transaction the fees to be charged in respect of that transaction shall be as follows:–
(i)where the transaction is first given effect to by a deed presented in the Register of Sasines, a fee based on the amount of the consideration, or the total value of the heritable interest created, granted or transferred, whichever is the greater, will be charged on the first deed so presented, plus a fixed fee for every related deed presented in the Register of Sasines and for every Title Sheet affected by a related application for registration in the Land Register; or
(ii)where the transaction is first given effect to by an application for registration in the Land Register, a fee based on the amount of the consideration, or the total value of the interest in land created, granted or transferred, whichever is the greater, will be charged in respect of the first application, plus a fixed fee for every other Title Sheet affected by that application and by every other related application, and for every related deed presented for recording in the Register of Sasines;
B. Heritable Securities
Where a single transaction is given effect to in a deed or deeds presented for recording in the Register of Sasines and/or by application or applications for registration in the Land Register, and due notice of the nature of that transaction is given to the Keeper the fees to be charged in respect of that transaction shall be as follows:–
(i)where the transaction is first given effect to by a deed presented in the Register of Sasines, a fee based on the amount of the security or securities created in total, or otherwise dealt with, will be charged on the first deed so presented, plus a fixed fee for every related deed presented in the Register of Sasines and for every Title Sheet affected by related application for registration in the Land Register; or
(ii)where the transaction is first given effect to by an application for registration in the Land Register, a fee based on the amount of the security or securities created in total, or otherwise dealt with will be charged in respect of the first Title Sheet affected by that application plus a fixed fee for every other Title Sheet affected by that application and by every other related application and for every related deed presented for recording in the Register of Sasines.
Note:– In this Part, “related” means giving effect to the same single transaction.
2.MISCELLANEOUS
| £ | |
|---|---|
1. Registration or recording of Receipts under the Industrial and Provident Societies Act 1965((2)) | 0.25 |
2. Registration or recording of other miscellaneous transactions and events not included under Heads A and B of Parts I and II | 22.00 |
PART IV –REGISTER OF INHIBITIONS AND ADJUDICATIONS
Registration Fees
| £ | |
|---|---|
| For each document | 7.00 |
PART V –REGISTER OF DEEDS &C., REGISTER OF PROTESTS AND REGISTER OF JUDGMENTS
Registration Fees
| £ | |
|---|---|
| Note: The extracting and authentication of the first or only extract is included in the foregoing fees. | |
| For a document of one page | 5.00 |
| For each additional page | 0.75 |
PART VI –REGISTER OF SERVICE OF HEIRS
Registration Fees
| £ | |
|---|---|
| Note: Extracting and authentication fees are included in the registration fee. | |
| For each document | £22.00 |
PART VII –REGISTER OF THE GREAT SEAL
Registration Fees
| £ | |
|---|---|
| 1. For a Charter of Incorporation | 170.00 |
| 2. For a Charter of Novodamus or other Crown Grant of land | 22.00 |
| 3. For a Commission | 370.00 |
PART VIII –REGISTER OF THE CACHET SEAL
| For each impression | £6.00 |
PART IX –REGISTER OF THE QUARTER SEAL
Registration Fees
| For each Gift of Ultimus Haeres | £22.00 |
PART X –FEES APPLICABLE TO ALL REGISTERS
1. Inspection Fees
| £ | |
|---|---|
| Note: These fees do not apply where the information is available on request on a numbered form. | |
| 1. For searching of any Search Sheet affecting one property | 5.00 |
| 2. For exhibition of a Title Sheet | 5.00 |
| 3. For the inspection of any other index, and volume, document or process | 5.00 |
2. Extracting and copying fees
| £ | |
|---|---|
| Note: A handling fee is not charged for orders placed at the time of registration. | |
| 1. For each page of an official extract, certified copy, plain copy or duplicate | 0.30 |
| 2. For each page of an office copy, within the meaning of section 6(5) of the Act (or part thereof other than the plan) | 0.30 |
| 3. For a plan (A4 size) (black and white) | 1.00 |
| For a plan (A4 size) (colour) | 3.50 |
| For a plan (larger than A4 size) | A fee being the value of the work and materials involved. |
| 4. For each fiche of duplicate copies of existing microfiche | 1.00 |
| 5. For the authentication of each official extract, certified copy, duplicate or office copy | 2.50 |
| 6. For the handling of second and subsequent extracts and for copies | 3.00 |
3. Other Services
| £ | |
|---|---|
| 1. For a record retransmitted or transmitted to any court or exhibited therein, at the instance of a party, in accordance with the Rules of Court governing such transmissions or exhibitions | 7.50 |
| 2. For attendance by an officer of the Registers of Scotland Executive Agency at any court to produce a record in evidence, for each day or part of a day, in addition to travelling expenses | 100.00 |
| Note: | |
| At the discretion of the Keeper where an Officer of the Registers of Scotland Executive Agency attends with records for any purpose approved by the Keeper a lesser fee of £20 per hour may be applied. Travelling expenses may also be charged. | |
| 3. For each Certificate issued under the Civil Jurisdiction and Judgments Act 1982((3)) | 4.00 |
| 4. For each Certificate of Custody that a deed is retained for permanent preservation | 4.00 |
| 5. For searches in records arising from postal enquiries, for each search | 25.00 |
| Note:– | |
(i)For persons unable to make a personal search in records the Keeper’s staff may conduct searches over such records and subject to such conditions as the Keeper may prescribe. The Keeper has discretion to reduce or waive the charge in appropriate cases and reserves the right to decline such searches. | |
(ii)The Keeper may require a deposit of a sum not exceeding £30.00 in the case of requests of a large nature. | |
| 6. For any service not specifically listed above | A fee being the value of the work and materials involved. |
PART XI—TABLES OF FEES
1. TABLE A
| Consideration or Value | Fee | |
|---|---|---|
| £ | £ | |
| does not exceed | 10,000 | 22.00 |
| does not exceed | 15,000 | 33.00 |
| does not exceed | 20,000 | 44.00 |
| does not exceed | 25,000 | 55.00 |
| does not exceed | 30,000 | 66.00 |
| does not exceed | 35,000 | 77.00 |
| does not exceed | 40,000 | 88.00 |
| does not exceed | 45,000 | 99.00 |
| does not exceed | 50,000 | 110.00 |
| does not exceed | 55,000 | 121.00 |
| does not exceed | 60,000 | 132.00 |
| does not exceed | 65,000 | 143.00 |
| does not exceed | 70,000 | 154.00 |
| does not exceed | 75,000 | 165.00 |
| does not exceed | 80,000 | 176.00 |
| does not exceed | 85,000 | 187.00 |
| does not exceed | 90,000 | 198.00 |
| does not exceed | 95,000 | 209.00 |
| does not exceed | 100,000 | 220.00 |
| does not exceed | 105,000 | 231.00 |
| does not exceed | 110,000 | 242.00 |
| does not exceed | 115,000 | 253.00 |
| does not exceed | 120,000 | 264.00 |
| does not exceed | 125,000 | 275.000 |
| does not exceed | 130,000 | 286.00 |
| does not exceed | 135,000 | 297.00 |
| does not exceed | 140,000 | 308.00 |
| does not exceed | 145,000 | 319.00 |
| does not exceed | 150,000 | 330.00 |
| does not exceed | 155,000 | 341.00 |
| does not exceed | 160,000 | 352.00 |
| does not exceed | 165,000 | 363.00 |
| does not exceed | 170,000 | 374.00 |
| does not exceed | 175,000 | 385.00 |
| does not exceed | 180,000 | 396.00 |
| does not exceed | 185,000 | 407.00 |
| does not exceed | 195,000 | 429.00 |
| does not exceed | 200,000 | 440.00 |
| does not exceed | 300,000 | 500.00 |
| does not exceed | 400,000 | 550.00 |
| does not exceed | 500,000 | 600.00 |
| does not exceed | 600,000 | 650.00 |
| does not exceed | 700,000 | 700.00 |
| does not exceed | 800,000 | 800.00 |
| does not exceed | 1,000,000 | 900.00 |
| exceeds | 1,000,000 | 1,000.00 |
2. TABLE B
| Amount | Fee | |
|---|---|---|
| £ | £ | |
| does not exceed | 20,000 | 22.00 |
| does not exceed | 30,000 | 33.00 |
| does not exceed | 40,000 | 44.00 |
| does not exceed | 50,000 | 55.00 |
| does not exceed | 60,000 | 66.00 |
| does not exceed | 70,000 | 77.00 |
| does not exceed | 80,000 | 88.00 |
| does not exceed | 90,000 | 99.00 |
| does not exceed | 100,000 | 110.00 |
| does not exceed | 110,000 | 121.00 |
| does not exceed | 120,000 | 132.00 |
| does not exceed | 130,000 | 143.00 |
| does not exceed | 140,000 | 154.00 |
| does not exceed | 150,000 | 165.00 |
| does not exceed | 160,000 | 176.00 |
| does not exceed | 170,000 | 187.00 |
| does not exceed | 180,000 | 198.00 |
| does not exceed | 190,000 | 209.00 |
| does not exceed | 200,000 | 220.00 |
| does not exceed | 300,000 | 250.00 |
| does not exceed | 400,000 | 275.00 |
| does not exceed | 500,000 | 300.00 |
| does not exceed | 600,000 | 325.00 |
| does not exceed | 700,000 | 350.00 |
| does not exceed | 800,000 | 400.00 |
| does not exceed | 1,000,000 | 450.00 |
| exceeds | 1,000,000 | 500.00 |
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