The Fees in the Registers of Scotland Amendment Order 2006

Amendment of the Fees in the Registers of Scotland Order 1995

5.  In Part I of the Schedule (Land Register of Scotland)–

(a) for section 1 (registration fees) substitute–

“1. REGISTRATION FEES

Interests in land other than heritable securities

A.— (1) Where an application is made to which paragraph (3) applies the fee will, subject to paragraphs (4) to (7), be calculated on the amount of the consideration or the value, whichever is the greater, of the interest in land created, granted or transferred to which the application relates.

(2) Subject to paragraphs (8) to (10) and Part III of this Schedule, the fee for an application to which paragraph (3) applies will be at the rates shown in Table A or, where the application is made using the ARTL System, Table B in Part IV of this Schedule.

(3) This paragraph applies to an application for registration of–

(a) an unregistered interest in land in pursuance of section 2(1) of the Act;

(b) the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or

(c) any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act.

(4) Where the application is to register an interest or interests in land excambed the fee will be calculated on the value of the interest in land created, granted or transferred to which the application relates.

(5) Where the consideration consists of a yearly or periodical payment, the consideration will be calculated at 10 years' purchase.

(6) Where the application is to register the grant of an interest in land in long lease the fee will be calculated on the consideration (if any) provided for that grant plus ten times the relevant rent.

(7) Where the application is made to register the assignation of an interest in land in long lease, the fee will be calculated on the consideration (if any) provided for the assignation plus ten times the annual rent payable at the date the application is made.

(8) Where a single application affects a number of title sheets (for the avoidance of doubt, in the case of an application to register a transfer of part of a registered interest in land, not including any title sheet created as a result of the application or amended to include the part transferred), the fee will be at the rates shown in Table A in Part IV of this Schedule, plus an additional fee of £30 for every title sheet affected other than the first.

(9) Where the application is made to give effect to a survivorship destination only, £30.

(10) Where an application is made by a fire and rescue authority, joint fire and rescue board, local authority, police authority, valuation authority, Health Board, Special Health Board or the Scottish Children’s Reporter Administration as unregistered holder of a registered interest in land to complete its title to that interest in land in terms of section 3(6) of the Act, £30 for each title sheet affected.

Heritable securities

B.   Where 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,

£30 or, where application is made using the ARTL System, £20 for each title sheet affected.”.

(b) in section 2 (reports) in each of paragraphs (g) and (i) for “Certificate Plan” substitute “title plan”.

(c) for section 3 (miscellaneous services) substitute–

“3. MISCELLANEOUS SERVICES

Applications made

A.   Where application is made–

(a) on Form 5 for noting of an overriding interest etc	£30.00 for each title sheet affected
(b) on Form 9 for rectification of the register	£30.00
(c) for checking the boundaries of adjoining properties	£20.00
(d) for withdrawal of an application under rule 11 of the Land Registration (Scotland) Rules 2006	£30.00
(e) for the provision of information from a deed or document in the Land Register archive, for each such deed or document	£14.20

Where the application is to register a Tree Preservation Order or a Compulsory Purchase Order, £30 for each title sheet affected.

Applications rejected

B.  

Where the application is rejected under rule 13 of the Land Registration (Scotland) Rules 2006

£30.00”.