The Fees in the Registers of Scotland Amendment Order 2001

Scottish Statutory Instruments

2001 No. 163

REGISTERS AND RECORDS

The Fees in the Registers of Scotland Amendment Order 2001

Made

24th April 2001

Coming into force

15th May 2001

The Scottish Ministers, in exercise of the powers conferred by section 25 of the Land Registers (Scotland) Act 1868(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Fees in the Registers of Scotland Amendment Order 2001 and shall come into force on 15th May 2001.

Amendment of the Fees in the Registers of Scotland Order 1995

2.  The Fees in the Registers of Scotland Order 1995(2) shall be amended as follows–

(a) in Part I of the Schedule (Land Register of Scotland), in paragraph A (interests in land other than heritable securities) of section I (registration fees), in sub-paragraph (ff) after the words “valuation authority” insert–

• “, National Health Service trust”; and

(b) in Part II of the Schedule (General Register of Sasines), in paragraph A (conveyances) of section I (recording fees), after sub-paragraph (v) insert the following sub-paragraph:–

“(vi) where a notice of title on behalf of a National Health Service trust, completing title as transferee in terms of an order made under section 12A(6) of and paragraph 26 of Schedule 7A to the National Health Service (Scotland) Act 1978(3), is recorded, a fee of £44 will be charged on that notice of title unless the provisions at (iii) above apply”.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

24th April 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Fees in the Registers of Scotland Order 1995. It makes additional provision for National Health Service trusts to qualify for abated fees in the Registers of Scotland when completing title to property following the reorganisation of those trusts.

(1)

1868 c. 64; section 25 was substituted by section 23 of the Land Registration (Scotland) Act 1979 (c. 33) and amended by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 3. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 64).

(2)

S.I. 1995/1945, amended by S.I. 1999/1085.

(3)

1978 c. 29; section 12A and Schedule 7A were inserted by sections 31 and 32 of the National Health Service and Community Care Act 1990 (c. 19)