The Land Registration etc. (Scotland) Act 2012 (Amendment and Transitional) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the purposes of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”).

Article 2 amends paragraph 1(1) of Schedule 4 to the Requirements of Writing (Scotland) Act 1995 (“the 1995 Act”) to correct a minor error. The 2012 Act is also amended as the relevant amendment to the 1995 Act in schedule 3 to the 2012 Act is only partially in force.

Article 3 amends the consequential amendment in paragraph 14 of schedule 5 to the 2012 Act of section 21A of the Succession (Scotland) Act 1964 on evidence of testamentary documents in commissary proceedings. It updates references to the sections of 1995 Act which contain presumptions on who has signed traditional or authenticated electronic documents.

Article 4 amends transitional provision for registered leases in paragraph 11B of schedule 4 to the 2012 Act (added by S.S.I. 2014/190) to permit the registration of deeds relating to registered leases, including standard securities, variations, renunciations, etc. where the subjects of the lease are not registered. An exception is made for subleases and notices of title as registration of those deeds is provided for in section 24(4) and (6) of the 2012 Act respectively.

Article 5 amends the Land Register Rules etc. (Scotland) Regulations 2014. The application for registration form is amended with the effect that the entry for annual rent is changed to relevant rent defined in accordance with the Registers of Scotland (Fees) Order 2014 (“the Fees Order”).

Article 6 amends the Fees Order to insert provision for the charging of a fee (based on the consideration paid or the value of the land, whichever is the greater) for a notice of title to a registered plot of land.