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The Fees in the Registers of Scotland Order 1991

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B. Heritable securities

When application is made for–

(a)registration of the creation over a registered interest in land of a heritable security in pursuance of section 2(3) of the Act; or

(b)registration of any other dealing with a heritable security in pursuance of section 2(4) of the Act,

the fee to be charged shall be calculated on the amount of the heritable security or securities created, or otherwise dealt with and shall be at the rates shown in Table B in Part XI of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:–

(i)where a heritable security secures a yearly or periodical payment, the amount of the heritable security shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(ii)where an application for the registration of a heritable security over a registered interest in land accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of the security will be charged;

(iii)where a Discharge, a Discharge and Deed of Restriction or a Deed of Restriction of a heritable security however constituted accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of each such accompanying security deed will be charged;

(iv)where a Discharge and Deed of Restriction is registered on its own the fee will be charged on the amount of the Discharge;

(v)where a Deed of Restriction is registered on its own, a fixed fee will be charged;

(vi)where a variation of a heritable security is registered a fixed fee will be charged except where the amount secured by the security is increased, in which case the fee will be charged on the amount of the increase;

(vii)where a single application affects a number of Title Sheets, the fee to be charged will be based on the amount of the security or securities created, or otherwise dealt with, plus a fixed fee for each Title Sheet affected other than the first.

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