(This note is not part of the Order)
This Order amends the Fees in the Registers of Scotland Order 1995 (“the 1995 Order”). The amendments provide for a fee of £22 in respect of the registration or recording of certain deeds. These deeds are deeds which require to be registered against both the burdened and benefited properties in accordance with the Title Conditions (Scotland) Act 2003 (“the 2003 Act”). The new fee of £22 will apply where the application for registration or recording is not already subject to a fee in accordance with Parts I and II of the Schedule to the 1995 Order. This will typically be the case in respect of applications made for registration against the benefited property.
The £22 fee also applies to applications for the registration of deeds under section 15 and Part 2 of the 2003 Act and Orders under Part 9 of the 2003 Act. These deeds or Orders vary or discharge real burdens.
This Order also amends the 1995 Order to remove terminology which will become obsolete on the abolition of feudal tenure.