The Fees in the Registers of Scotland Amendment Order 2009

Explanatory Note

(This note is not part of the Order)

This Order amends the Fees in the Registers of Scotland Order 1995 (“the 1995 Order”) and in particular the Schedule to the 1995 Order (“the Schedule”):

Article 3(a) increases the fees for certain forms in respect of the provision of Land Registration reports as follows:–

(a) Forms 10, 12, 14, P16 and P17 increased from £27.00 to £28.50;

(b) Forms 11 and 13 increased from £15.00 to £16.50; and

(c) Form P16/10 and P17/12 increased from £40 to £41.

Article 3(b) replaces section 3 (miscellaneous services) of Part 1 of the Schedule with the only change being a reduction of the fee for the provision of information from the Land Register archive from £14.20 to £8.00.

Articles 4, 5 and 6 amend Part XII of the Schedule (fees applicable to all registers).

Article 4(a) amends the section headed “fees for the provision of information” as follows:–

In relation to the General Register of Sasines (Part A) to–

(a) increase the fees in Part A from £1.65 to £1.80; and

(b) introduce no charge for a search against section 1, 2 or 3 which produces a nil return;

In relation to the Land Register of Scotland (Part B) to–

(a) decrease the fees in sections 1 and 2 of part B from £3.30 to £1.80;

(b) introduce a no fee basis for an initial search against section 2(a) Per search against a name or 2(b) Per search against an address where a view of the title sheet is made against an entry under 2(a) or (b);

(c) introduce new nil-rated bands for index-map searches and new charges of £1.80 for seed rectangle and seed point searches;

(d) introduce a no fee basis for an initial search against section 3(e) Per search against a seed rectangle or 3(f) Per search against a seed point where a view of the title sheet is made against an entry under 3(e) or (f);

(e) increase the fee for the provision of information from any other index, volume, document or process from £1.65 to £1.80;

(f) reduce the per property price search form £3.30 to nil; and

(g) introduce a no fee basis for searches under sections 1, 2, 3 and 4 of Part B which produce a nil return;

In relation to the Books of Council and Session (Part C) to increase the search fees from £1.65 to £1.80.

In relation to the Register of Inhibitions and Adjudications (Part D) to–

(a) increase the fee for each group of 6 names or fewer searched against from £1.65 to £1.80;

(b) reduce the provision of a copy of the daily minutes (per day) from £21.00 to £19.50; and

(c) to increase the fee per search of a specified minute number from £1.00 to £1.80.

Article 4(b) amends the section headed “extracting and copying fees” to–

(a) reduce the fee for a plain copy or duplicate from £16.50 to £8.00;

(b) reduce the fee for an official extract or certified copy form £20.70 to £15.00;

(c) introduce a new fee for an official extract from the National Archives of Scotland at £5.00 plus the NAS fee;

(d) reduce the fee for an office copy from £25.00 to £15.00; and

(e) introduce a fee of £8.00 for each additional extract of any deed or document requested at the same time as registration in the General Register of Sasines of Books of Council and Session of that document.

Article 5 introduces a new table of fees for Data Extractions based on a breakdown of Data Extraction Costs provided and introduces a fee of £105 per month or per quarter for a report on Post Code Sectors or Districts comprising the average price and volume of sales.

A Regulatory Impact Assessment has been prepared and is available at www.ros.gov.uk.