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The Registers of Scotland (Digital Registration, etc.) Regulations 2018

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Procedure and form for registration in the Land Register

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6.—(1) The Land Register Rules are amended as follows.

(2) For regulation 7 (form to apply for registration in the Land Register)(1) substitute—

Procedure and form to apply for registration in the Land Register

7.(1) From a date notified by the Keeper in accordance with paragraph (5), an application for registration of—

(a)a kind of deed under section 21 of the Act; or

(b)an unregistered plot under section 27 of the Act,

must be sent to the Keeper in accordance with paragraphs (2) and (3).

(2) The application must be sent in electronic form using a computer system under section 99 of the Act unless—

(a)the computer system notifies the applicant who attempts to use it that it is unavailable for a period of 48 hours or longer;

(b)the applicant has no computer facilities with access to the internet; or

(c)the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so.

(3) In particular, paragraph (2)(c) is met—

(a)if the applicant is a natural person who granted the deed, or to whom the deed is granted; and

(b)the application is not made by a person who, in connection with the grant, acts as a solicitor or other legal adviser to the person.

(4) Where an application under paragraph (1)(a) must be sent in electronic form, the deed must be an electronic document within the meaning given by the Requirements of Writing (Scotland) Act 1995(2).

(5) Such a notification by the Keeper must state the date on which it comes into effect, which date may not be earlier than 6 months after the date of its publication on the Keeper’s website.

(6) Before making such a notification, the Keeper must consult the Scottish Ministers..

(3) Part 4 of schedule 1 (form of application for registration) is revoked.

(1)

Regulation 7 was amended by regulation 8 of S.S.I. 2014/347.

(2)

Part 3 of the 1995 Act was added by Land Registration etc. (Scotland) Act 2012 (asp 5).

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