Land Registration etc. (Scotland) Act 2012

21 Application for registration of deed S

(1) A person may apply to the Keeper for registration of a registrable deed.

(2) The Keeper must accept an application under subsection (1) to the extent the applicant satisfies the Keeper that, as at the date of application, the general application conditions are met and—

(a) where the application is made in respect of a disposition of, or a notice of title to, an unregistered plot, the conditions set out in section 23 are met,

(b) where section 25 applies, the conditions set out in that section are met,

(c) in any other case, the conditions set out in section 26 are met.

(3) To the extent the applicant does not so satisfy the Keeper, the Keeper must reject the application.

(4) Subsection (2) is subject to section 45(5) [F1 and paragraphs 1 to 5 of schedule 1A].

[F2 [F3 (4A)] Schedule 1A makes provision about certain land transactions involving overseas entities.]

[F4 (5) For the purposes of this section, submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration.

(6) But subsection (5) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper’s website as being acceptable.

(7) In subsection (5), the reference to submission by electronic means is to submission—

(a) by means of an electronic communications network (for example as an attachment to an email), or

(b) by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible.

(8) In this section—

• “electronic communications network” has the meaning given by section 32 of the Communications Act 2003,

• “the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.]

Textual Amendments

F1 Words in s. 21(4) inserted (5.9.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 4 para. 3(a); S.I. 2022/876, reg. 4(c)

F2 S. 21(5) inserted (5.9.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 4 para. 3(b); S.I. 2022/876, reg. 4(c)

F3 S. 21(5) renumbered as s. 21(4A) (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 177(2), 219(1)(2)(b)

F4 S. 21(5)-(8) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 33(2), 59(1) (with s. 48(1)(c)(2)(c)(3)(b))

Commencement Information

I1 S. 21 in force at 8.12.2014 by S.S.I. 2014/127, art. 2