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Scottish Statutory Instruments
Registers And Records
Made
26th June 2014
Coming into force in accordance with article 1(2) and (3)
The Scottish Ministers make the following Order in exercise of the powers conferred by section 110(1) and (2), 116(1) and 117(1) of the Land Registration etc. (Scotland) Act 2012(1) and all other powers enabling them to do so.
In accordance with section 110(3) of that Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland about (among other things), the expenses incurred by the Keeper in relation to the matters specified in section 110(3)(a) and (b) of that Act and the desirability of encouraging registering, recording and entering in any register under the management and control of the Keeper.
In accordance with section 116(3)(l) of the Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1.—(1) This Order may be cited as the Registers of Scotland (Fees) Order 2014.
(2) With the exception of the sub-paragraph mentioned in paragraph (3), this Order comes into force on 8th December 2014.
(3) Paragraph 3(1) of Part 1 of Schedule 1 comes into force on 9th February 2015.
2.—(1) In this Order—
“the Act” means the Land Registration etc. (Scotland) Act 2012;
“the 2003 Act” means the Title Conditions (Scotland) Act 2003(2);
[F1“the 2023 Act” means the Moveable Transactions (Scotland) Act 2023;]
“application for dual registration” means an application made for registration of—
a constitutive deed under section 4(5) of the 2003 Act; or
a deed creating a positive servitude under section 75(1) of the 2003 Act;
“application for variation of a title condition” means an application made for registration of—
a deed of variation or discharge granted by virtue of section 33 or 35 of the 2003 Act;
an order of the Lands Tribunal for Scotland under section 90(1)(c) or 91 or on the refusal of an application made under section 90(1)(c) of the 2003 Act; or
a deed of discharge by virtue of section 15 of the 2003 Act;
[F2“digital registration system” has the same meaning as in regulation 1(2) (interpretation) of the Land Register of Scotland (Automated Registration) etc. Regulations 2014]
“relevant rent” means the largest amount of annual rent a lease reserves within the first 10 years of its term that can be—
quantified; or
estimated, where that amount cannot be quantified,
at the date an application to register the grant of the lease is made.
(2) For the purposes of the definition of “application for dual registration” and “application for variation of a title condition”, “registration” in relation to a deed, notice or order means registering in the Land Register or recording the deed in the Register of Sasines.
Textual Amendments
F1Words in art. 2(1) inserted (1.4.2025) by The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 (S.S.I. 2025/103), arts. 1, 2(2)
F2Words in art. 2(1) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(2), reg. 1(2)
Commencement Information
3. The fee payable in relation to—
(a)registering a plot of land or a deed in the Land Register is specified in Parts 1 and 3 of Schedule 1;
(b)recording a deed in the Register of Sasines is specified in Parts 2 and 3 of Schedule 1;
(c)registering a document in the Chancery and Judicial Registers(3) is specified in Part 4 of Schedule 1;
(d)registering or updating the registration schedule of a croft, common grazing or land held runrig in the Crofting Register(4) is specified in Part 5 of Schedule 1;
(e)registering a tenant’s interest in acquiring land in the Register of Community Interests in Land(5) for the purposes of the Agricultural Holdings (Scotland) Act 2003(6) is specified in Part 6 of Schedule 1; F3...
(f)access to any register under the management and control of the Keeper and information made available by the Keeper is specified in Part 7 of Schedule 1.
[F4(g)registering an assignation document in the Register of Assignations(4) is specified in Part 8 of Schedule 1;
(h)registering a constitutive document or an amendment document in the Register of Statutory Pledges(5) is specified in Part 9 of Schedule 1; and
(i)correcting an entry in the Register of Statutory Pledges statutory pledges record is specified in Part 9 of Schedule 1.]
Textual Amendments
F3Word in art. 3(e) omitted (1.4.2025) by virtue of The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 (S.S.I. 2025/103), arts. 1, 2(3)(a)
F4Art. 3(g)-(i) inserted (1.4.2025) by The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 (S.S.I. 2025/103), arts. 1, 2(3)(b)
Commencement Information
4.—(1) The Keeper is authorised, in accordance with this article, to make a determination—
(a)increasing; or
(b)decreasing,
any fee set out in Schedule 1 by an amount not exceeding £10.
(2) A determination increasing fees under paragraph (1)(a)—
(a)may only be made where—
(i)necessary to prevent material damage to the Keeper’s financial position; and
(ii)that damage arises from conditions which cannot be otherwise mitigated by action by the Keeper; and
(b)subsists for a maximum period of 2 years from the date on which it comes into effect, after which it ceases to have effect.
(3) A determination decreasing fees under paragraph (1)(b)—
(a)may only be made where it would have no material negative impact on the Keeper’s financial position; and
(b)subsists for a maximum period of one year from the date on which it comes into effect, after which it ceases to have effect.
(4) The Keeper must consult the Scottish Ministers about any such increase or decrease in fees.
(5) Any determination under this article—
(a)must state the date on which it comes into effect; and
(b)may have effect only after a minimum period of 3 months’ notice from the date of its publication on the Keeper’s website(7).
5. The instruments specified in columns 1 and 2 of Schedule 2 are revoked to the extent specified in column 3 of the Schedule, subject to the savings in article 6.
6.—(1) The Fees in the Registers of Scotland Order 1995(8) continues to have effect on and after 8th December 2014 as it had effect immediately before that date in respect of any—
(a)application for registering, recording or entering in any register under the management and control of the Keeper mentioned in that Order;
(b)request for a search or information, including copies and extracts relating to those registers,
received by the Keeper before 8th December 2014.
(2) The Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004(9) continue to have effect on and after 8th December 2014 as they had effect immediately before that date in respect of any request for copies or extracts of entries in the Register of Community Interests in Land received by the Keeper before 8th December 2014.
(3) The Agricultural Holdings (Fees) (Scotland) Order 2004(10) continues to have effect on and after 8th December 2014 as it had effect immediately before that date in respect of any—
(a)application for registration in the Register of Community Interests in Land of tenants’ interests in acquiring land;
(b)request for extracts and copy extracts of registration relating to that Register for the purposes of the Agricultural Holdings (Scotland) Act 2003;
received by the Keeper before 8th December 2014.
(4) The Crofting Register (Fees) (Scotland) Order 2012(11) continues to have effect on and after 8th December 2014 as it had effect immediately before that date in respect of any—
(a)application for—
(i)registration in the Crofting Register;
(ii)updating a registration schedule;
(b)request for searches, reports, copies of documents or information relating to that Register,
received by the Keeper before 8th December 2014.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th June 2014
Article 3(a)
1.—[F5(1) Where an application mentioned in sub-paragraph (2) is made, subject to sub-paragraphs (4) to (7), the fee is calculated on the—
(a)amount of the consideration paid; or
(b)value of the plot of land,
whichever is the greater.
(2) This sub-paragraph applies to an application for registration of—
(a)a disposition, a notice of title, a lease or an assignation of lease; or
(b)an unregistered plot of land by virtue of section 27(1) of the Act.
(3) Where an application mentioned in sub-paragraph (2) is made, subject to sub-paragraphs (8) to (11), the fee is at the rates shown in the Table of Fees in Part 3 of this Schedule—
(a)for an application mentioned in sub-paragraph (2)(a)—
(i)in column 2 of that Table; or
(ii)where the application may be, and is, made using the [F6digital registration system], in column 3 of that Table; or
(b)for an application mentioned in sub-paragraph (2)(b), in column 4 of that Table.]
(4) Where the application is to register a plot of land excambed, the fee is calculated on the value of the land transferred.
(5) Where the consideration consists of a yearly or periodical payment, the consideration is calculated at 10 years’ purchase.
(6) Where the application is to register the grant of a lease, the fee is calculated on the consideration (if any) provided for that grant plus 10 times the relevant rent.
(7) Where the application is made to register the assignation of a lease, the fee is calculated on the consideration (if any) provided for the assignation plus 10 times the relevant rent payable at the date of the application.
(8) Where an application affects a number of title sheets, the fee is at the rates shown in the Table of Fees in Part 3 of this Schedule plus an additional fee of £60 for every title sheet affected other than the first.
(9) The additional fee of £60 mentioned in [F7sub-paragraph (8)] does not apply to a—
(a)shared plot title sheet designated under section 17(2) of the Act where the first title sheet affected is a sharing plot; or
(b)shared lease title sheet designated under schedule 1, paragraph 2(a) of the Act where the first title sheet affected is a sharing lease.
[F8(10) Where the application is to register a disposition relating to a registered plot of land—
(a)for the sole purpose of evacuating a survivorship destination; and
(b)the name and designation of the proprietor in the proprietorship section remains the same,
the fee is £60 for each title sheet affected.]
[F9(11) Where an application mentioned in sub-paragraph (2)(b) is made which is—
(a)entered in the application record on the same date as an application to register a standard security; and
(b)the standard security relates to the whole extent of that plot of land,
no fee is payable in respect of the application mentioned in sub-paragraph (2)(b).]
Textual Amendments
F5Sch. 1 para. 1(1)-(3) substituted (30.6.2015) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(2), 4(2)
F6Words in sch. 1 para. 1(3)(a)(ii) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(4), reg. 1(2)
F7Words in sch. 1 para. 1(9) substituted (30.6.2015) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(2), 4(3)
F8Sch. 1 para. 1(10) inserted (30.6.2015) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(2), 4(4)
F9Sch. 1 para. 1(11) inserted (1.4.2016) by The Registers of Scotland (Voluntary Registration, Amendment of Fees, etc.) Order 2015 (S.S.I. 2015/265), arts. 1(3), 4(5)
Commencement Information
I7Sch. 1 para. 1 in force at 8.12.2014, see art. 1(2)
2. Where an application is made for registration in respect of a heritable security, including the constitution, transfer, variation, postponement, corroboration or extinction of a security, the fee is—
[F10(a)£80 for each title sheet affected, or
(b)where an application may be, and is, made using the digital registration system, £60 for each title sheet affected]
Textual Amendments
F10Sch. 1 para. 2(a)(b) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(5), reg. 1(2)
Commencement Information
I8Sch. 1 para. 2 in force at 8.12.2014, see art. 1(2)
3.—F11(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In respect of an application for—
(a)an advance notice under section 57(1) of the Act; or
(b)a discharge of an advance notice under section 63(1) of the Act,
the fee is [F12£20].
(3) In respect of an application to make an entry in, or remove an entry from, a title sheet—
(a)where an order is granted by the court under—
(i)section 67(3) of the Act, for warrant to place a caveat on a title sheet;
(ii)section 69(2) of the Act, for warrant to renew a caveat;
(iii)section 70(2) of the Act to restrict a caveat; or
(iv)section 71(2) of the Act, to recall a caveat; or
(b)where, under section 72 of the Act, a person discharges a caveat,
the fee is [F13£80].
(4) Where an application is received in respect of a registered plot of land, to request the Keeper to vary warranty under section 76(2) of the Act, the fee is [F14£80].
Textual Amendments
F11Sch. 1 para. 3(1)-(1A) omitted (1.4.2021) by virtue of The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(6)(a), reg. 1(2)
F12Sum in sch. 1 para. 3(2) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(6)(b), reg. 1(2)
F13Sum in sch. 1 para. 3(3) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(6)(c), reg. 1(2)
F14Sum in sch. 1 para. 3(4) substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(6)(d), reg. 1(2)
Commencement Information
I9Sch. 1 para. 3(1) in force at 9.2.2015, see art. 1(3)
I10Sch. 1 para. 3(2)-(4) in force at 8.12.2014, see art. 1(2)
Article 3(b)
4. Where the recording of completion of title by decree or a notice of title is made, the fee is—
(a)calculated on the value of the heritable subjects to which the recording relate; and
(b)at the rates shown in column 2 of the Table of Fees in Part 3 of this Schedule.
Commencement Information
I11Sch. 1 para. 4 in force at 8.12.2014, see art. 1(2)
5. In respect of the recording of a heritable security, including the constitution, transfer, variation, postponement, corroboration or extinction of a security, the fee is £60.
Commencement Information
I12Sch. 1 para. 5 in force at 8.12.2014, see art. 1(2)
6. Where any writ is presented in the Register of Sasines for recording by memorandum, the fee is [F15£80 ] for each memorandum.
Textual Amendments
F15Sum in sch. 1 para. 6 substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(7), reg. 1(2)
Commencement Information
I13Sch. 1 para. 6 in force at 8.12.2014, see art. 1(2)
7. Where a deed is being recorded, in respect of an additional extract or plain copy requested at the date of the application for recording, the fee is [F16£20 ] plus VAT.
Textual Amendments
F16Sum in sch. 1 para. 7 substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(8), reg. 1(2)
Commencement Information
I14Sch. 1 para. 7 in force at 8.12.2014, see art. 1(2)
Article 3(a) and (b)
8. No fee is payable in respect of an application for registration or recording of receipts under the Industrial and Provident Societies Act 1965(12).
Commencement Information
I15Sch. 1 para. 8 in force at 8.12.2014, see art. 1(2)
[F179. Where an application for registration is made under section 21 of the Act, or for recording in the Register of Sasines, or other deeds not referred to in Parts 1 and 2 of this schedule, the fee is £80 for each title sheet affected or each deed recorded.]
Textual Amendments
F17Sch. 1 para. 9 substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(9), reg. 1(2)
Commencement Information
I16Sch. 1 para. 9 in force at 8.12.2014, see art. 1(2)
[F1810. Where an application for registration under section 21 of the Act or for recording a deed in the Register of Sasines comprises an application for dual registration or an application for variation of a title condition and no fee is provided in respect of such application in Parts 1 and 2 of this schedule, the fee is £80 in respect of that application plus £80 for every title sheet other than the first affected by that application and for each deed recorded.]
| [F19Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Consideration paid or value £ | Fee £ | Former Fee £ | Voluntary registration Fee £ | Former Voluntary Registration Fee £ |
| 0 - 50,0000 | 80 | 60 | 60 | 45 |
| 50,001 - 100,000 | 140 | 120 | 110 | 90 |
| 100,001 – 150,000 | 260 | 240 | 200 | 180 |
| 150,001 – 200,000 | 400 | 360 | 300 | 270 |
| 200,001 – 300,000 | 530 | 480 | 400 | 360 |
| 300,001 – 500,000 | 660 | 600 | 500 | 450 |
| 500,001 – 700,000 | 800 | 720 | 600 | 540 |
| 700,001 - 1,000,000 | 930 | 840 | 700 | 630 |
| 1,000,001 – 2,000,000 | 1,100 | 1,000 | 830 | 750 |
| 2,000,001 – 3,000,000 | 3,300 | 3,000 | 2,480 | 2,250 |
| 3,000,001 – 5,000,000 | 5,500 | 5,000 | 4,130 | 3,750 |
| 5,000,001 or more | 8,250 | 7,500 | 6,190 | 5,625] |
Textual Amendments
F18Sch. 1 para. 10 substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(10), reg. 1(2)
F19Sch. 1 Pt. 3 Table of Fees substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(11), reg. 1(2)
Commencement Information
I17Sch. 1 para. 10 in force at 8.12.2014, see art. 1(2)
Article 3(c)
Commencement Information
I18Sch. 1 Pt. 4 in force at 8.12.2014, see art. 1(2)
| [F20Registration Fees | |||
|---|---|---|---|
| Register | Product/Service | Fee | Former fee |
| Register of Inhibitions | For each document | £25 | £15 |
| Register of Deeds and Probative Writs in the Books of Council and Session | For each document (including first extract) | £20 | £10 |
| Register of Protests | For each document (including first extract) | £20 | £10 |
| Register of Judgments | For each document (including first extract) | £20 | £10 |
| Register of the Great Seal | For a charter of incorporation | £260 | £250 |
| For a commission | £640 | £630 | |
| Register of the Cachet Seal | For each impression | £40 | £30 |
| Register of the Quarter Seal | For each gift of ultimus haeres or bona vacantia | £140 | £130 |
| All | When a document is being registered, an additional extract or plain copy requested at the date of the application for registration | £20 plus VAT | £10 plus VAT |
| None | For each certificate issued under the Civil Jurisdiction and Judgments Act 1982 | £40 | £30] |
Textual Amendments
F20Sch. 1 Pt. 4 Table substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(12), reg. 1(2)
Article 3(d)
Commencement Information
I19Sch. 1 Pt. 5 in force at 8.12.2014, see art. 1(2)
| Applications for registration and updating a registration schedule | |
|---|---|
| Product/Service | Fee |
| Registration of a croft under section 4(1) or (2) of the Crofting Reform (Scotland) Act 2010 (“2010 Act”) | £90 |
| Updating the registration schedule of a registered croft following an event under section 5(1) of the 2010 Act | £90 |
| Registration of a common grazing under section 24(1)(a) or (b) of the 2010 Act | £90 |
| Updating the registration schedule of a registered common grazing under section 25(1) of the 2010 Act | £90 |
| Registration of land held runrig under section 32(1) of the 2010 Act | £90 |
| Updating the registration schedule of registered land held runrig following an event under section 32(5) of the 2010 Act | £90 |
Article 3(e)
Commencement Information
I20Sch. 1 Pt. 6 in force at 8.12.2014, see art. 1(2)
| Product/service | Fee |
|---|---|
| Initial registration of a tenant’s interest | £40 |
| Subsequent registration of an existing or previously registered interest | £25 |
Article 3(f)
Commencement Information
I21Sch. 1 Pt. 7 in force at 8.12.2014, see art. 1(2)
| Register | Product/service | Fee | Former Fee |
|---|---|---|---|
| [F21Land Register and Register of Sasines | Search conducted by the Keeper on behalf of a person over one full address including [F22postcode], per result (including one plain copy), including nil return | £30 plus VAT | £20 plus VAT |
| All registers under the management and control of the Keeper | Search conducted by a person through the Registers of Scotland online system (including one title sheet) | £3 plus VAT | _ |
| Registers under the management and control of the Keeper (under exception of the Land Register and Register of Sasines) | Request for inspection of a register in respect of one entry (including response) | £30 plus VAT | _ |
| Land Register | Extract of— | £35 plus VAT | £30 plus VAT |
Title sheet and part of the cadastral map Title sheet Part of a title sheet Part of cadastral map Document from the archive record Application Advance notice Document in the application record Part of document in application record | |||
| Certified copy of— | |||
Application Advance Notice Document in the application record Part of document in application record | |||
| Land Register | Plain copy of— | £25 plus VAT | £16 plus VAT |
Title sheet and part of the cadastral map Title sheet Part of a title sheet Part of cadastral map Document from the archive record Part of document from the archive record Application Advance notice Document in the application record Part of document in application record | |||
| Register of Sasines | Extract of recorded deed | £35 plus VAT | £30 plus VAT |
| Register of Sasines | Plain copy of recorded deed | £25 plus VAT | £16 plus VAT |
| Register of Judgments, Register of Deeds and Register of Protests | Extract of registered deed | £35 plus VAT | _ |
| Register of Inhibitions, Register of Judgments, Register of Deeds and Register of Protests | Plain copy of registered deed | [F23£25 ]plus VAT | _ |
| Crofting Register | Office copy of a registration schedule of a croft, common grazing or land held runrig Information provided by the Keeper regarding the suitability of an applicant’s map for registration purposes in the Crofting Register | £35 plus VAT | £30 plus VAT |
| Crofting Register | Plain copy of a registration schedule of a croft, common grazing or land held runrig Copy of an Ordnance Survey map supplied for the purpose of registration in the Crofting Register | £25 plus VAT | £16 plus VAT |
| Register of Community Interests in Land | Extract of registration Plan (colour) | £35 plus VAT | £30 plus VAT |
| Register of Community Interests in Land | Plain copy of registration Plan (black and white) | £25 plus VAT | £16 plus VAT] |
| [F24Register of Assignations | Extract of— | £35 plus VAT | |
Entry in the Register of Assignations assignations record Part of entry in the Register of Assignations assignations record Entry in the Register of Assignations archive record Part of entry in the Register of Assignations archive record Document in the Register of Assignations archive record Part of document in the Register of Assignations archive record | |||
| Register of Assignations | Plain copy of— | £25 plus VAT | |
Entry in the Register of Assignations assignations record Part of entry in the Register of Assignations assignations record Entry in the Register of Assignations archive record Part of entry in the Register of Assignations archive record Document in the Register of Assignations archive record Part of document in the Register of Assignations archive record | |||
| Register of Statutory Pledges | Extract of— | £35 plus VAT | |
Entry in the Register of Statutory Pledges statutory pledges record Part of entry in the Register of Statutory Pledges statutory pledges record Entry in the Register of Statutory Pledges archive record Part of entry in the Register of Statutory Pledges archive record Document in the Register of Statutory Pledges archive record Part of document in the Register of Statutory Pledges archive record | |||
| Register of Statutory Pledges | Plain copy of— | £25 plus VAT] | |
Entry in the Register of Statutory Pledges statutory pledges record Part of entry in the Register of Statutory Pledges statutory pledges record Entry in the Register of Statutory Pledges archive record Part of entry in the Register of Statutory Pledges archive record Document in the Register of Statutory Pledges archive record Part document in the Register of Statutory Pledges archive record |
Textual Amendments
F21Sch. 1 Pt. 7 substituted (1.4.2021) by The Registers of Scotland (Fees) Amendment Order 2021 (S.S.I. 2021/139), art. 2(13), reg. 1(2)
F22Words in sch. 1 Pt. 7 Table substituted (1.4.2025) by The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 (S.S.I. 2025/103), arts. 1, 2(5)(a)
F23Sum in sch. 1 Pt. 7 Table substituted (1.4.2025) by The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 (S.S.I. 2025/103), arts. 1, 2(5)(b)
F24Words in sch. 1 Pt. 7 Table inserted (1.4.2025) by The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 (S.S.I. 2025/103), arts. 1, 2(5)(c)
Article 3(g)
Textual Amendments
11.—(1) Where an application for registration of an assignation document is made under section 23(1) (application for registration) of the 2023 Act, the fee is £30.
(2) Where an assignation document mentioned in sub-paragraph (1) assigns different claims to different assignees, the fee is £30 for each claim for which registration is applied.
Article 3(h) and (i)
12.—(1) Where an application for registration of a constitutive document is made under section 86(1) (application for registration of statutory pledge) of the 2023 Act, the fee is £30.
(2) Where a constitutive document mentioned in sub-paragraph (1) creates more than one statutory pledge, the fee is £5 for each additional statutory pledge for which registration is applied.
(3) Where an application for registration of an amendment document is made under section 88(1) (application for registration of amendment) of the 2023 Act, the fee is £30 for each statutory pledge record entry amended.
13.—(1) Where an application for correction of an entry in the statutory pledges record is made under section 96(1) (application by secured creditor for correction of statutory pledges record) of the 2023 Act, the fee is £10 for each entry corrected.
(2) Where an application for correction of an entry in the statutory pledges record is made under section 98(6) (demand that application for correction be made under section 96), the fee is £10 for each entry corrected.
(3) Where an application for registration of an amendment document as mentioned in paragraph 12(3) is made that also corrects the statutory pledges record in terms of section 96(1) of the 2023 Act, no additional correction fee is payable.]
Article 5
| Instruments | References | Extent |
|---|---|---|
| The Fees in the Registers of Scotland Order 1995(13) | S.S.I. 1995/1945 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 1999 | S.I. 1999/1085 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 2001 | S.S.I. 2001/163 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 2004 | S.S.I. 2004/507 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 2005 | S.S.I. 2005/580 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 2006 | S.S.I. 2006/600 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 2009 | S.S.I. 2009/171 | The whole Order |
| The Fees in the Registers of Scotland Amendment Order 2010 | S.S.I. 2010/404 | The whole Order |
| The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 | S.S.I. 2011/211 | Schedule 2, paragraph 16 |
| The Fees in the Registers of Scotland (Consequential Provisions) Amendment Order 2013 | S.S.I. 2013/59 | The whole Order |
| The Community Right to Buy (Register of Community Interests in Land Charges) (Scotland) Regulations 2004 | S.S.I. 2004/230 | The whole Regulations |
| The Agricultural Holdings (Fees) (Scotland) Order 2004 | S.S.I. 2004/496 | The whole Order |
| The Crofting Register (Fees) (Scotland) Order 2012(14) | S.S.I. 2012/295 | The whole Order |
| The Crofting Register (Fees) (Scotland) Amendment Order 2012 | S.S.I. 2012/328 | The whole Order |
(This note is not part of the Order)
This Order provides for the fees payable in relation to registering, recording or entering in registers under the management and control of the Keeper of the Registers of Scotland, access to those registers and information made available by the Keeper.
It replaces the instruments providing for fees payable to the Keeper and sets fees for new products required by the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”).
Article 3 provides for the fees payable for:—
registering a deed or plot of land in the Land Register of Scotland (Parts 1 and 3 of Schedule 1);
recording a deed in the Register of Sasines (Parts 2 and 3 of Schedule 1);
registering a document in the Chancery and Judicial Registers (Part 4 of Schedule 1);
registering a croft, common grazing or land held runrig in the Crofting Register (Part 5 of Schedule 1);
registering a tenant’s interest in acquiring land in the Register of Community Interests in Land for the purposes of the Agricultural Holdings (Scotland) Act 2003 (Part 6 of Schedule 1);
access to and information from any register under the management and control of the Keeper (Part 7 of Schedule 1).
No fee is charged in relation to electronic access (other than in respect of requests made in person at a Registers of Scotland Customer Service Centre) to the Crofting Register, the Register of Community Interests in Land and the Register of Sites of Special Scientific Interest.
Fees charged by the Keeper before this Order comes into force remain the same, except for—
rejections and cancellations of registration applications are charged at £30 or a fee not exceeding £400 respectively; under the Order both cancellations and rejections become subject to a fee of £30 (paragraph 3(1) of Schedule 1);
an application for registration or recording of receipts under the Industrial and Provident Societies Act 1965 is charged at £0.25; under the Order no fee will be charged (paragraph 8 of Schedule 1);
the Register of Community Interests in Land charges separate fees for each page of an extract (£0.50), plan of different sizes (£2 or £5), authentication (£4) and handling additional extracts and copies (£6); under the Order these fees are aligned with other fees charged by the Keeper to £30 for an extract and £16 for a plain copy;
search requests using the Keeper’s Customer Services Centre are charged separately for a request in writing (£8) or in person (£12) with a fee for each title searched against (£3) and each copy deed printed from Registers Direct (£3); under the Order inspection fees of £20 and £30 are charged for requests in writing or in person, respectively, for each title searched against whether or not it produces a nil return, combined with an entitlement to one plain copy (Part 7 of Schedule 1).
Article 4 authorises the Keeper to vary any fee by a maximum amount of £10 to increase it in circumstances where it is necessary to protect the Keeper’s financial position or decrease it where there would be no impact on the Keeper’s financial position. The variation would subsist for a maximum period of 2 years or 1 year, respectively and be subject to consultation with the Scottish Ministers and providing customers with 3 months’ notice on the Keeper’s website.
Article 5 and Schedule 2 revoke the instruments providing for fees payable to the Keeper and article 6 makes savings in respect of applications and requests for information made before that revocation.
Section 108(3) of the 2012 Act also allows the Keeper to charge fees for consultancy, advisory and other commercial services.
A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh EH8 7AU.
2012 asp 5 (“the 2012 Act”).
2003 asp 9, amended by S.S.I. 2003/53, the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 2, paragraph 1, the Tenements (Scotland) Act 2004 (asp 11), schedule 4, S.S.I. 2004/551, S.S.I. 2006/379, the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 8, paragraphs 57 and 58, the Climate Change (Scotland) Act 2009 (asp 12), section 68, the Long Leases (Scotland) Act 2012 (asp 9), schedule 1, paragraph 3, the 2012 Act, schedule 5, paragraph 43 and S.S.I. 2013/2042.
The Chancery and Judicial Registers is a collective term for the Register of Inhibitions, the Register of Deeds and Probative Writs in the Books of Council and Session and the Register of Judgments and other registers noted in Part 4 of Schedule 1.
The Crofting Register was established by section 3 of the Crofting Reform (Scotland) Act 2010 (asp 14).
The Register of Community Interests in Land was established by section 36 of the Land Reform (Scotland) Act 2003 (asp 2).
S.I. 1995/1945, amended by S.I. 1999/1085, S.S.I. 2001/163, S.S.I. 2004/507, S.S.I. 2005/580, S.S.I. 2006/600, S.S.I. 2009/171, S.S.I. 2010/404, S.S.I. 2011/211 and S.S.I. 2013/59.
S.S.I. 2012/295, amended by S.S.I. 2012/328.
1965(c.12), There are no relevant amendments.
S.I. 1995/1945, amended by S.I. 1999/1085, S.S.I. 2001/163, S.S.I. 2004/507, S.S.I. 2005/580, S.S.I. 2006/600, S.S.I. 2009/171, S.S.I. 2010/404, S.S.I. 2011/211 and S.S.I. 2013/59.
S.S.I. 2012/295, amended by S.S.I. 2012/328.
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