- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Registers of Scotland (Fees) Order 2014 No. 188
Article 3(a)
1.—(1) Where an application mentioned in paragraph (3) is made, subject to 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) Where an application mentioned in paragraph (3) is made, subject to paragraphs (8) and (9), the fee is at the rates shown—
(a)in column 2; or
(b)where the application may be, and is, made using the ARTL system, in column 3,
of the Table of Fees in Part 3 of this Schedule.
(3) This paragraph applies to an application for registration of—
(a)a disposition of, or a notice of title to, an unregistered plot of land;
(b)an unregistered plot of land by virtue of section 27(1) of the Act; or
(c)a disposition of a registered plot of land.
(4) Where the application is to register a plot of land excambed, the fee is calculated on the value of the land transferred.
(5) Where the consideration consists of a yearly or periodical payment, the consideration is calculated at 10 years’ purchase.
(6) Where the application is to register the grant of a lease, the fee is calculated on the consideration (if any) provided for that grant plus 10 times the relevant rent.
(7) Where the application is made to register the assignation of a lease, the fee is calculated on the consideration (if any) provided for the assignation plus 10 times the relevant rent payable at the date of the application.
(8) Where an application affects a number of title sheets, the fee is at the rates shown in the Table of Fees in Part 3 of this Schedule plus an additional fee of £60 for every title sheet affected other than the first.
(9) The additional fee of £60 mentioned in paragraph (8) does not apply to a—
(a)shared plot title sheet designated under section 17(2) of the Act where the first title sheet affected is a sharing plot; or
(b)shared lease title sheet designated under schedule 1, paragraph 2(a) of the Act where the first title sheet affected is a sharing lease.
2. Where an application is made for registration in respect of a heritable security, including the constitution, transfer, variation, postponement, corroboration or extinction of a security, the fee is—
(a)£60 for each title sheet affected; or
(b)where an application may be, and is, made using the ARTL system, £50 for each title sheet affected.
3.—(1) Where an application is—
(a)rejected under section 21(3) of the Act; or
(b)withdrawn under section 34(1)(a) of the Act,
the fee is £30.
(2) In respect of an application for—
(a)an advance notice under section 57(1) of the Act; or
(b)a discharge of an advance notice under section 63(1) of the Act,
the fee is £10.
(3) In respect of an application to make an entry in, or remove an entry from, a title sheet—
(a)where an order is granted by the court under—
(i)section 67(3) of the Act, for warrant to place a caveat on a title sheet;
(ii)section 69(2) of the Act, for warrant to renew a caveat;
(iii)section 70(2) of the Act to restrict a caveat; or
(iv)section 71(2) of the Act, to recall a caveat; or
(b)where, under section 72 of the Act, a person discharges a caveat,
the fee is £60.
(4) Where an application is received in respect of a registered plot of land, to request the Keeper to vary warranty under section 76(2) of the Act, the fee is £60.
Article 3(b)
4. Where the recording of completion of title by decree or a notice of title is made, the fee is—
(a)calculated on the value of the heritable subjects to which the recording relate; and
(b)at the rates shown in column 2 of the Table of Fees in Part 3 of this Schedule.
5. In respect of the recording of a heritable security, including the constitution, transfer, variation, postponement, corroboration or extinction of a security, the fee is £60.
6. Where any writ is presented in the Register of Sasines for recording by memorandum, the fee is £60 for each memorandum.
7. Where a deed is being recorded, in respect of an additional extract or plain copy requested at the date of the application for recording, the fee is £10 plus VAT.
Article 3(a) and (b)
8. No fee is payable in respect of an application for registration or recording of receipts under the Industrial and Provident Societies Act 1965(1).
9. Where an application for registration is made under section 21 of the Act, or for recording in the Register of Sasines, of other deeds not referred to in Parts 1 and 2 of this Schedule, the fee is—
(a)£60 for each title sheet affected or each deed recorded; or
(b)where the application may be, and is, made using the ARTL system, £50 for each title sheet affected or each deed recorded.
10. Where an application for registration under section 21 of the Act or for recording a deed in the Register of Sasines comprises an application for dual registration or an application for variation of a title condition and no fee is provided in respect of such application in Parts 1 and 2 of this Schedule, the fee is £60 in respect of that application plus £60 for every title sheet other than the first affected by that application and for each deed recorded.
Column 1 | Column 2 | Column 3 |
---|---|---|
Consideration paid or value £ | Fee £ | ARTL Fee £ |
0 - 50,000 | 60 | 50 |
50,001 - 100,000 | 120 | 90 |
100,001 - 150,000 | 240 | 180 |
150,001 - 200,000 | 360 | 270 |
200,001 - 300,000 | 480 | 360 |
300,001 - 500,000 | 600 | 450 |
500,001 - 700,000 | 720 | 540 |
700,001 - 1,000,000 | 840 | 660 |
1,000,001 - 2,000,000 | 1,000 | 800 |
2,000,001 - 3,000,000 | 3,000 | 2,500 |
3,000,001 - 5,000,000 | 5,000 | 4,500 |
5,000,001 or more | 7,500 | 7,000 |
Article 3(c)
Registration Fees | ||
---|---|---|
Register | Product/Service | Fee |
Register of Inhibitions | For each document | £15 |
Register of Deeds and Probative Writs in the Books of Council and Session | For each document (including first extract) | £10 |
Register of Protests | For each document (including first extract) | £10 |
Register of Judgments | For each document (including first extract) | £10 |
Register of the Great Seal | For a charter of incorporation | £250 |
For a Commission | £630 | |
Register of the Cachet Seal | For each impression | £30 |
Register of the Quarter Seal | For each gift of ultimus haeres or bona vacantia | £130 |
All | When a document is being registered, an additional extract or plain copy requested at the date of the application for registration | £10 plus VAT |
None | For each certificate issued under the Civil Jurisdiction and Judgments Act 1982 | £30 |
Article 3(d)
Applications for registration and updating a registration schedule | |
---|---|
Product/Service | Fee |
Registration of a croft under section 4(1) or (2) of the Crofting Reform (Scotland) Act 2010 (“2010 Act”) | £90 |
Updating the registration schedule of a registered croft following an event under section 5(1) of the 2010 Act | £90 |
Registration of a common grazing under section 24(1)(a) or (b) of the 2010 Act | £90 |
Updating the registration schedule of a registered common grazing under section 25(1) of the 2010 Act | £90 |
Registration of land held runrig under section 32(1) of the 2010 Act | £90 |
Updating the registration schedule of registered land held runrig following an event under section 32(5) of the 2010 Act | £90 |
Article 3(e)
Product/service | Fee |
---|---|
Initial registration of a tenant’s interest | £40 |
Subsequent registration of an existing or previously registered interest | £25 |
Article 3(f)
Register | Product/service | Fee |
---|---|---|
All registers under the management and control of the Keeper(2) | Request in writing by letter or email or electronically by submitting the form on Registers of Scotland website for inspection of a register in respect of one title (including one plain copy) | £20 plus VAT |
All registers under the management and control of the Keeper | Request made in person at a Registers of Scotland Customer Service Centre(3) for inspection of a register in respect of one title (including one plain copy) | £30 plus VAT |
Land Register | Extract(4) of—
Certified copy(5) of—
| £30 plus VAT |
Land Register | Plain copy of—
| £16 plus VAT |
Register of Sasines | Extract of recorded deed | £30 plus VAT |
Register of Sasines | Plain copy of recorded deed | £16 plus VAT |
Crofting Register |
| £30 plus VAT |
Crofting Register |
| £16 plus VAT |
Register of Community Interests in Land |
| £30 plus VAT |
Register of Community Interests in Land |
| £16 plus VAT |
Article 5
Instruments | References | Extent |
---|---|---|
The Fees in the Registers of Scotland Order 1995(6) | S.S.I. 1995/1945 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 1999 | S.I. 1999/1085 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 2001 | S.S.I. 2001/163 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 2004 | S.S.I. 2004/507 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 2005 | S.S.I. 2005/580 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 2006 | S.S.I. 2006/600 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 2009 | S.S.I. 2009/171 | The whole Order |
The Fees in the Registers of Scotland Amendment Order 2010 | S.S.I. 2010/404 | The whole Order |
The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 | S.S.I. 2011/211 | Schedule 2, paragraph 16 |
The Fees in the Registers of Scotland (Consequential Provisions) Amendment Order 2013 | S.S.I. 2013/59 | The whole Order |
The Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004 | S.S.I. 2004/230 | The whole Regulations |
The Agricultural Holdings (Fees) (Scotland) Order 2004 | S.S.I. 2004/496 | The whole Order |
The Crofting Register (Fees) (Scotland) Order 2012(7) | S.S.I. 2012/295 | The whole Order |
The Crofting Register (Fees) (Scotland) Amendment Order 2012 | S.S.I. 2012/328 | The whole Order |
1965(c.12), There are no relevant amendments.
The Crofting Register, the Register of Community Interests in Land and the Register of Sites of Special Scientific Interest may be searched online for no fee at http://www.ros.gov.uk/customerservices/index.html.
Meadowbank House, 153 London Road, Edinburgh EH8 7AU or Hanover House, 23 Douglas Street, Glasgow G2 7NQ.
Section 104(1) of the Land Registration etc. (Scotland) Act 2012.
Section 104(2) of the Land Registration etc. (Scotland) Act 2012.
S.I. 1995/1945, amended by S.I. 1999/1085, S.S.I. 2001/163, S.S.I. 2004/507, S.S.I. 2005/580, S.S.I. 2006/600, S.S.I. 2009/171, S.S.I. 2010/404, S.S.I. 2011/211 and S.S.I. 2013/59.
S.S.I. 2012/295, amended by S.S.I. 2012/328.
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