The Fees in the Registers of Scotland (Consequential Provisions) Amendment Order 2013

Scottish Statutory Instruments

2013 No. 59

Registers And Records

The Fees in the Registers of Scotland (Consequential Provisions) Amendment Order 2013

Made

21st February 2013

Laid before the Scottish Parliament

25th February 2013

Coming into force

1st April 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 25 of the Land Registers (Scotland) Act 1868(1) and section 117 of the Land Registration etc. (Scotland) Act 2012(2) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Fees in the Registers of Scotland (Consequential Provisions) Amendment Order 2013 and comes into force on 1st April 2013.

Amendment of the Fees in the Registers of Scotland Order 1995

2.  In the Fees in the Registers of Scotland Order 1995(3), omit Part XI, paragraph 4 (other services)(4) of the Schedule.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes a consequential amendment to the Fees in the Registers of Scotland Order 1995 by removing the fee payable to the Keeper of the Registers of Scotland fixed in relation to services not listed elsewhere in the Order. The consultancy, advisory and commercial services offered by the Keeper will continue to be provided for, and fees charged as agreed with those provided with the services, under section 108 of the Land Registration etc. (Scotland) 2012.

(1)

1868 c.64 (31 and 32 Vict.), section 25 was substituted by section 23 of the Land Registration (Scotland) Act 1979 (c.33), amended by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, paragraph 3 and prospectively repealed by paragraph 5(2) of schedule 5 to the Land Registration etc. (Scotland) Act 2012 (asp 5). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

2012 asp 5.

(3)

S.I. 1995/1945, amended by S.I. 1999/1085, S.S.I. 2001/163, 2004/507, 2005/580, 2006/600, 2009/171, 2010/404 and 2011/211.

(4)

Paragraph 4 was inserted by S.S.I. 2010/404.