Land registration
121.This part of this Act makes a series of changes to the law of land registration, making similar provision to the temporary modifications made by schedule 7 of the Coronavirus (Scotland) Act 2020 and schedule 4 of the Coronavirus (Scotland) (No.2) Act 2020.
Section 33: Electronic submission of copies of deeds and writs to Registers of Scotland
122.This section amends the Land Registration etc. (Scotland) Act 2012 and the Land Registers (Scotland) Act 1868 to make provision for registration in the Land Register and recording in the Register of Sasines to proceed on a copy of a deed submitted to the Keeper of the Registers by electronic means.
123.Subsections (1) and (2) of this section make provision for the Land Register, amending section 21 of the 2012 Act. The new section 21(5) sets out that a copy of a deed submitted electronically is sufficient to allow registration to proceed. Inserted section 21(6) provides that this applies when the means and form for electronic submission of copy deeds are specified as acceptable on the Keeper’s website. Inserted section 21(7) sets out the forms submission by electronic means can take, such as attachment to an email.
124.Subsections (3) and (4) of this section make similar provision for the Register of Sasines, amending the 1868 Act. Subsection (4)(a) removes the existing reference to electronic documents to allow section 6A of the 1868 Act, as amended by subsection (4)(b) of this section, to apply to copies of deeds transmitted electronically. Inserted section 6A(6) sets out that a copy of a deed submitted electronically is sufficient to allow recording in the Register of Sasines to proceed. Inserted section 6A(7) provides that this applies when the means and form for electronic submission of copy deeds are specified as acceptable on the Keeper’s website (www.ros.gov.uk). Inserted section 6A(8) sets out the forms submission by electronic means can take.
Section 34: Register of Inhibitions: electronic signature of documents
125.This section relates to the Register of Inhibitions and makes provision for registration or recording in that register to proceed on the basis of electronic submission of documents and copies of documents to the Keeper of the Registers, inserting a new section 148A into the Bankruptcy and Diligence etc. (Scotland) Act 2007.
126.Section 148A(1) sets out that this provision applies to any document which is required or permitted to be registered with the Keeper in the Register of Inhibitions.
127.Section 148A(2) provides that documents may be signed by way of a basic electronic signature in order to be registered in the Register, including a version of an electronic signature which is reproduced on a paper document.
128.Section 148(3) and (4) provide that any legal requirement that a document be given to the Keeper in order to be registered or recorded in the Register may be fulfilled by transmitting it to the Keeper electronically, so long as the means and form for electronic submission are specified as acceptable on the Keeper’s website (www.ros.gov.uk).
