The Registers of Scotland (Fees) Order 2014

Interpretation

2.—(1) In this Order—

“the Act” means the Land Registration etc. (Scotland) Act 2012;

“the 2003 Act” means the Title Conditions (Scotland) Act 2003(1);

“application for dual registration” means an application made for registration of—

(a)

a constitutive deed under section 4(5) of the 2003 Act; or

(b)

a deed creating a positive servitude under section 75(1) of the 2003 Act;

“application for variation of a title condition” means an application made for registration of—

(a)

a deed of variation or discharge granted by virtue of section 33 or 35 of the 2003 Act;

(b)

an order of the Lands Tribunal for Scotland under section 90(1)(c) or 91 or on the refusal of an application made under section 90(1)(c) of the 2003 Act; or

(c)

a deed of discharge by virtue of section 15 of the 2003 Act;

“ARTL system” means the computer system managed and controlled by the Keeper to enable the creation of electronic documents and the electronic generation and communication of an application for registration of a deed relating to a registered plot in the Land Register of Scotland and automated registration of that deed; and

“relevant rent” means the largest amount of annual rent a lease reserves within the first 10 years of its term that can be—

(a)

quantified; or

(b)

estimated, where that amount cannot be quantified,

at the date an application to register the grant of the lease is made.

(2) For the purposes of the definition of “application for dual registration” and “application for variation of a title condition”, “registration” in relation to a deed, notice or order means registering in the Land Register or recording the deed in the Register of Sasines.

(1)

2003 asp 9, amended by S.S.I. 2003/53, the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 2, paragraph 1, the Tenements (Scotland) Act 2004 (asp 11), schedule 4, S.S.I. 2004/551, S.S.I. 2006/379, the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 8, paragraphs 57 and 58, the Climate Change (Scotland) Act 2009 (asp 12), section 68, the Long Leases (Scotland) Act 2012 (asp 9), schedule 1, paragraph 3, the 2012 Act, schedule 5, paragraph 43 and S.S.I. 2013/2042.