The Fees in the Registers of Scotland Amendment Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends and replaces the Schedule to the Fees in the Registers of Scotland Order 1995 (“the Schedule”) to provide for new fees for services provided by the Keeper of the Registers of Scotland.

The changes to the fees in the Schedule are as follows:

	Current fee (£)	New fee (£)
Part I, Section 1, Head A (Land Register registration fees in respect of interests in land other than heritable securities)
Additional fee per each additional title sheet affected (in addition to the fee specified in Table A in Part IV of the Schedule) where a single application affects a number of title sheets	30	60
Application made to give effect to a survivorship destination	30	60
Application made by certain statutory authorities seeking to complete title	30	60
Part I, Section 1, Head B (Land Register registration fees in respect of heritable securities)
Registration fee (per title sheet affected) for the creation of a heritable security over a registered interest in land under section 2(3) of the Land Registration (Scotland) Act 1979	£30 (£20 for ARTL System application)	£60 (£50 for ARTL System application)
Registration fee (per title sheet affected) for any other dealing with a heritable security under section 2(4) of the Land Registration (Scotland) Act 1979	£30 (£20 for ARTL System application)	£60 (£50 for ARTL System application)
Part I, Section 2 (Land Register report fees)
Form 10 application for a report prior to first registration	28.50	32.00
Form 11 application for continuation of report prior to first registration	16.50	19.00
Form 12 application for a report over registered subjects	28.50	32.00
Form 13 application for continuation of report over registered subjects	16.50	19.00
Form 14 application for a report to ascertain whether or not subjects have been registered	28.50	32.00
Form P16 application for comparison of a bounding description with the Ordnance Map separate from Form 10 application	28.50	29.50
Form P17 application for comparison of the boundaries of the title plan with the Ordnance Map separate from Form 12 application	28.50	32.00
Combined fee for a Form P16 for comparison of a bounding description with the Ordnance Map in conjunction with Form 10 application	41.00	45.00
Combined fee for a Form P17 for comparison of the boundaries on the title plan with the Ordnance Map in conjunction with Form 12 application	41.00	45.00
Part I, Section 3 (Land Register miscellaneous services)
Form 5 application for noting an overriding interest etc. (for each title sheet affected)	30.00	60.00
Form 9 application for rectification of the register	30.00	60.00
Application for checking the boundaries of adjoining properties	20.00	60.00
Application for withdrawal of an application under rule 11 of the Land Registration (Scotland) Rules 2006	30.00	Equivalent to applicable registration fee, up to a maximum of £400
Application for the provision of information from a deed or document in the Land Register archive (for each deed/document)	8.00	16.00
Application for registration of a tree preservation order or a compulsory purchase order (for each title sheet affected)	30.00	60.00
A rejected application under rule 13 of the Land Registration (Scotland) Rules 2006	30.00	Equivalent to applicable registration fee, up to a maximum of £400
A rejected application prior to being accepted for the Land Register under section 4 of the Land Registration (Scotland) Act 1979	N/A	30.00
Part II (Register of Sasines recording fees)
Application to record notice of title (a) along with another deed granting a long lease or servitude over the whole or part of same subjects, (b) on behalf of certain statutory authorities seeking to complete title, or (c) on behalf of a Health Board or Special Health Board completing title under an order made under section 2 of the National Health Service (Scotland) Act 1978	30.00	60.00
Recording a heritable security	30.00	60.00
Recording of a writ by memorandum (per memorandum)	30.00	60.00
Part III (fees for registrations and recordings in both the Land and the Sasine Registers)
Recording and registration fees for single transactions effected by more than one deed and/or application where, as a result of a single transaction concerning interests in land other than heritable securities, an application is made for registration in the Land Register and recording in the Register of Sasines	Fee calculated in accordance with Table A,	N/A
	Part IV of Schedule plus fee of £30 for each related deed presented for recording or for every other title sheet affected by an application for registration in the Land Register
Recording and registration fees for single transactions effected by more than one deed and/or application where, as a result of a single transaction concerning heritable securities, an application is made for registration in the Land Register and recording in the Register of Sasines	£30 in respect of transaction plus £30 for every other title sheet affected or deed recorded	N/A
Application for registration or recording of miscellaneous deeds not referred to elsewhere in Parts I to III of the Schedule to this Order	£30	£60 (or £50 for ARTL System application)
Application for registration or recording comprising an application for dual registration or an application for variation of a title condition where no fee is provided in respect of such an application elsewhere in Parts I to III of the Schedule to this Order	£30 plus £30 for each other title sheet affected and for each deed recorded	£60 plus £60 for each other title sheet affected and for each deed recorded
Applications personally presented at a Registers of Scotland customer service centre (per title affected, in addition to recording/registration fee)	N/A	15.00
Part IV – Table A – Registration and recording fees (based upon consideration or value)
£50,000 (up to and including)	30.00	60.00
£100,000 (up to and including)	100.00	120.00
£150,000 (up to and including)	200.00	240.00
£200,000 (up to and including)	300.00	360.00
£300,000 (up to and including)	400.00	480.00
£500,000 (up to and including)	500.00	600.00
£700,000 (up to and including)	600.00	720.00
£1,000,000 (up to and including)	700.00	840.00
Part IV – Table B – Registration and recording fees for ARTL System applications (based upon consideration or value)
£50,000 (up to and including)	20.00	50.00
£100,000 (up to and including)	75.00	90.00
£150,000 (up to and including)	150.00	180.00
£200,000 (up to and including)	225.00	270.00
£300,000 (up to and including)	300.00	360.00
£500,000 (up to and including)	375.00	450.00
£700,000 (up to and including)	450.00	540.00
£1,000,000 (up to and including)	550.00	660.00
Part XI, Section 1 (fees for the provision of information)
Section 1, Head A (Register of Sasines)
Presentment book – per search against a name, an address or a minute number	1.80	3.00
Minute book – per search against a name, an address or a minute number	1.80	3.00
Search sheet – per search against a search sheet number; per view of any individual search sheet; or the provision of information from any other index, volume, document or process	1.80	3.00
Section 1, Head B (Land Register of Scotland)
Application record – per search against a name, an address, an application number, or a title number	1.80	3.00
Title sheet – per search against a name, an address or a title number, or per view of the title sheet affecting one interest in land	1.80	3.00
Index map – per seed rectangle search or per seed point search	1.80	3.00
Provision of information from any other index, volume, document or process	1.80	3.00
Section 1, Head C (Books of Council and Session)
For each search in the Register of Deeds of Register of Judgments Index against a name, a pursuer/petitioner, a defender/respondent, or a judgment number	1.80	3.00
Section 1, Head D (Register of Inhibitions and Adjudications)
For each group of 6 names or fewer searched against	1.80	3.00
For provisions of a copy of the daily minutes (per day)	19.50	21.00
Per search of a specified minute number	1.80	3.00
Section 1, Head E (Searches of Registers Direct service conducted by Registers of Scotland)
Search request submitted by email, letter or fax	N/A	£8.00 plus £3.00 Registers Direct service search fee per search
Search request made in person at a Registers of Scotland Customer Service Centre	N/A	£12.00 plus £3.00 Registers Direct service search fee per search
Section 1, Head F (Miscellaneous)
Per copy deed recorded in the Register of Sasines via the Registers Direct service	N/A	3.00
Pre-registration enquiries service (per enquiry)	N/A	50.00
Part XI, Section 2 (Extracting and copying fees)
For a plain copy or duplicate	8.00	16.00
For an official extract or certified copy	15.00	30.00
For an official extract obtained from the National Archives of Scotland (NAS) (to be charged as official extract – see above)	5.00 plus NAS fee	30.00
For an office copy	15.00	30.00
For each additional extract of any deed or document requested at the same time as recording in the Register of Sasines or registration in the Books of Council and Session	8.00	10.00
Part XI, Section 3 (Data extractions)
For information on sales for consideration comprising reports in a spreadsheet format containing data extraction of residential sales	450.00 per month for the whole of Scotland	675.00 per month for the whole of Scotland
For information on land values comprising reports in spreadsheet of sales from the Land Register of Scotland per land values script	622.00 per month for the whole of Scotland	933.00 per month for the whole of Scotland
For information on a particular creditor or legal agent comprising a spreadsheet list of deeds submitted to Land Register of Scotland by creditor or legal agent	100.00 per month or 100.00 per quarter	150.00 per month or 150.00 per quarter
For a data set of registration country boundaries	100.00	150.00
For information on Register of Sasines minutes	252.00 per month for the whole of Scotland	378.00 per month for the whole of Scotland
Breakdown of data extraction costs by registration county – land values
Aberdeen	42.00	63.00
Angus	23.00	34.50
Argyll	9.00	13.50
Ayr	38.00	57.00
Banff	10.00	15.00
Berwick	5.00	7.50
Bute	5.00	7.50
Caithness	8.00	12.00
Clackmannan	5.00	7.50
Dumbarton	23.00	34.50
Dumfries	10.00	15.00
East Lothian	9.00	13.50
Fife	39.00	58.50
Glasgow	68.00	102.00
Inverness	14.00	21.00
Kincardine	8.00	12.00
Kinross	5.00	7.50
Kircudbright	5.00	7.50
Lanark	56.00	84.00
Midlothian	80.00	120.00
Moray	16.00	24.00
Nairn	5.00	7.50
Orkney and Zetland	8.00	12.00
Peebles	5.00	7.50
Perth	15.00	22.50
Renfrew	35.00	52.50
Ross and Cromarty	18.00	27.00
Roxburgh	5.00	7.50
Selkirk	5.00	7.50
Stirling	23.00	34.50
Sutherland	5.00	7.50
West Lothian	15.00	22.50
Wigtown	5.00	7.50
Scotland	622.00	933.00
Breakdown of data extractions costs by registration county – sales for consideration
Aberdeen	29.00	43.50
Angus	17.00	25.50
Argyll	7.00	10.50
Ayr	27.00	40.50
Banff	7.00	10.50
Berwick	4.00	6.00
Bute	4.00	6.00
Caithness	6.00	9.00
Clackmannan	4.00	6.00
Dumbarton	17.00	25.50
Dumfries	7.00	10.50
East Lothian	7.00	10.50
Fife	27.00	40.50
Glasgow	48.00	72.00
Inverness	10.00	15.00
Kincardine	6.00	9.00
Kinross	4.00	6.00
Kircudbright	4.00	6.00
Lanark	40.00	60.00
Midlothian	57.00	85.50
Moray	12.00	18.00
Nairn	4.00	6.00
Orkney and Zetland	6.00	9.00
Peebles	4.00	6.00
Perth	11.00	16.50
Renfrew	24.00	36.00
Ross and Cromarty	13.00	19.50
Roxburgh	4.00	6.00
Selkirk	4.00	6.00
Stirling	17.00	25.50
Sutherland	4.00	6.00
West Lothian	11.00	16.50
Wigtown	4.00	6.00
Scotland	450.00	675.00
Reports
For a report on post code sectors or district comprising the average price and volume of sales	105.00 per month or 105.00 per quarter	150.00 per month or 150.00 per quarter

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained online at www.ros.gov.uk/feereview2010.