The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015

Amendment of the Registers of Scotland (Fees) Order 2014

4.—(1) Schedule 1 to the Registers of Scotland (Fees) Order 2014(1) is amended as follows.

(2) For paragraph 1(1) to (3) (fees for applications to register deeds, other than heritable securities, and voluntary registration) substitute—

“(1) Where an application mentioned in sub-paragraph (2) is made, subject to sub-paragraphs (4) to (7), the fee is calculated on the—

(a) amount of the consideration paid; or

(b) value of the plot of land,

whichever is the greater.

(2) This sub-paragraph applies to an application for registration of—

(a) a disposition, a notice of title, a lease or an assignation of lease; or

(b) an unregistered plot of land by virtue of section 27(1) of the Act.

(3) Where an application mentioned in sub-paragraph (2) is made, subject to sub-paragraphs (8) to (11), the fee is at the rates shown in the Table of Fees in Part 3 of this Schedule—

(a) for an application mentioned in sub-paragraph (2)(a)—

(i) in column 2 of that Table; or

(ii) where the application may be, and is, made using the ARTL system, in column 3 of that Table; or

(b) for an application mentioned in sub-paragraph (2)(b), in column 4 of that Table.”.

(3) In paragraph 1(9) for “paragraph (8)” substitute “sub-paragraph (8)”.

(4) After paragraph 1(9), insert—

“(10) Where the application is to register a disposition relating to a registered plot of land—

(a) for the sole purpose of evacuating a survivorship destination; and

(b) the name and designation of the proprietor in the proprietorship section remains the same,

the fee is £60 for each title sheet affected.”.

(5) After paragraph 1(10) so inserted, insert—

“(11) Where an application mentioned in sub-paragraph (2)(b) is made which is—

(a) entered in the application record on the same date as an application to register a standard security; and

(b) the standard security relates to the whole extent of that plot of land,

no fee is payable in respect of the application mentioned in sub-paragraph (2)(b).”.

(6) In paragraph 3 (related fees and services)—

(a) in sub-paragraph (1), for “Where” substitute “Subject to sub-paragraph (1A), where”; and

(b) after sub-paragraph (1), insert—

“(1A) Sub-paragraph (1) does not apply to an application which is rejected or withdrawn for the sole reason that another application in respect of the same land or title number, to which paragraph (1) does apply, has been rejected or withdrawn.”.

(7) For the Table of Fees in Part 3, substitute—

“Column 1		Column 2	Column 3	Column 4
Consideration paid or value £		Fee £	ARTL Fee £	Voluntary registration Fee £
Not exceeding	50,000	60	50	45
	100,000	120	90	90
	150,000	240	180	180
	200,000	360	270	270
	300,000	480	360	360
	500,000	600	450	450
	700,000	720	540	540
	1,000,000	840	660	630
	2,000,000	1,000	800	750
	3,000,000	3,000	2,500	2,250
	5,000,000	5,000	4,500	3,750
Exceeding	5,000,000	7,500	7,000	5,625”

(8) In Part 7 (fees for access to registers and information made available)—

(a) in the first 2 entries, in column 2, after “plain copy” insert “or copy of search sheet or minute”; and

(b) before the first entry for the Crofting Register insert—

“Register of Sasines	Copy of search sheet where request in writing provides search sheet number	£16 plus VAT
Register of Inhibitions	Plain copy of document where request in writing provides minute number	£16 plus VAT
Register of Deeds and Probative Writs in the Books of Council and Session	Extract of document where request in writing provides minute number	£30 plus VAT
Register of Deeds and Probative Writs in the Books of Council and Session	Plain copy of document where request in writing provides minute number	£16 plus VAT”

(1)

S.S.I. 2014/188, amended by S.S.I. 2014/346.