The Agricultural Holdings (Fees) (Scotland) Order 2004

Scottish Statutory Instruments

2004 No. 496

LANDLORD AND TENANT

The Agricultural Holdings (Fees) (Scotland) Order 2004

Made

18th November 2004

Laid before the Scottish Parliament

22nd November 2004

Coming into force

15th December 2004

The Scottish Ministers, in exercise of the powers conferred by section 25(7) of the Agricultural Holdings (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  The Order may be cited as the Agricultural Holdings (Fees) (Scotland) Order 2004 and shall come into force on 15th December 2004.

Fees for registration and extracts

2.  The fees which may be charged by the Keeper(2) for the registration of tenants' interests in acquiring land, and the provision of extracts and copy extracts of registration relating to the Register of Community Interests in Land(3) for the purposes of the Agricultural Holdings (Scotland) Act 2003 are specified in the Schedule to this Order.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

18th November 2004

Regulation 2

SCHEDULE

REGISTRATION FEES

1.	Registration of a tenant’s interest	£40.00
2.	Subsequent registration of an existing or previously registered interest	£25.00

EXTRACTING AND COPYING FEES

Note: The extracting and copying fees in this Schedule are subject to the addition of VAT.
3.	For each page of an extract or copy extract	£0.50
4.(a)	For a plan (A4 size) (black and white)	£2.00
(b)	For a plan (A4 size) (colour)	£5.00
(c)	For a plan (larger than A4 size)	A fee being the full value of the work and materials involved
5.	For the authentication of each extract	£4.00
6.	For the handling of second and subsequent extracts and for copies	£6.00

Explanatory Note

(This note is not part of the Order)

This Order sets out the fees which are chargeable by the Keeper of the Register of Community Interests in Land for the provision of services relating to the registration of tenants' interests in buying land under Part 2 of the Agricultural Holdings (Scotland) Act 2003 (asp 11).

The fee for the registration of a tenant’s interest in land is £40. A subsequent registration of a registered interest (in terms of section 25(14) of that Act) will incur a fee of £25. Extracts and copy extracts will be charged according to the number of pages, the number and type of any maps and whether authentication is required. A handling fee of £6 may be charged for subsequent extracts in accordance with similar services provided by the Keeper of the Registers of Scotland.

(1)

2003 asp 11.

(2)

Section 24(1) of the Agricultural Holdings (Scotland) Act 2003 defines “the Keeper” for the purposes of Part 2 of that Act.

(3)

The Register of Community Interests in Land is established by section 36 of the Land Reform (Scotland) Act 2003 (asp 2).