The Registers of Scotland (Information and Access) Order 2014

Prospective

Scottish Statutory Instruments

2014 No. 189

Land Registration

The Registers of Scotland (Information and Access) Order 2014

Made

26th June 2014

Coming into force

8th December 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 107(1) of the Land Registration etc. (Scotland) Act 2012(1).

In accordance with section 116(3)(k) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Prospective

Citation, commencement and interpretation S

1.—(1) This Order may be cited as the Registers of Scotland (Information and Access) Order 2014 and comes into force on 8th December 2014.

(2) In this Order, “the Act” means the Land Registration etc. (Scotland) Act 2012.

Commencement Information

I1 Art. 1 in force at 8.12.2014, see art. 1(1)

Information made available by the Keeper S

2.—(1) A person may apply to the Keeper for a plain copy—

(a) of, or any part of, a title sheet;

(b) of any part of the cadastral map;

(c) of, or any part of, a document in the archive record;

(d) of an application or advance notice in the application record;

(e) of, or any part of, any other document in the application record;

(f) of a deed recorded in the Register of Sasines;

(g) of a document registered in the Chancery and Judicial Registers(2);

(h) of a registration schedule of a croft, common grazing or land held runrig registered in the Crofting Register(3);

(i) of a registration in the Register of Community Interests in Land(4).

(2) The Keeper may issue the plain copy if—

(a) such fee as is payable(5) for issuing it is paid; or

(b) arrangements satisfactory to the Keeper are made for payment of that fee.

Commencement Information

I2 Art. 2 in force at 8.12.2014, see art. 1(1)

Extract or plain copy of the cadastral map S

3.  An application under—

(a) section 104(1)(b) of the Act; or

(b) article 2(1)(b),

may only be made in respect of one cadastral unit number or title number.

Commencement Information

I3 Art. 3 in force at 8.12.2014, see art. 1(1)

Public access to a register under the management and control of the Keeper S

4.—(1) A request for an inspection of a register under the management and control of the Keeper must be made—

(a) in person at a Registers of Scotland Customer Service Centre(6);

(b) in writing by—

(i) letter; or

(ii) email; or

(c) electronically by submitting the form on the Registers of Scotland website.

(2) The Keeper may allow the inspection if—

(a) such fee as is payable(7) for the inspection is paid; or

(b) arrangements satisfactory to the Keeper are made for payment of that fee.

Commencement Information

I4 Art. 4 in force at 8.12.2014, see art. 1(1)

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th June 2014

Prospective

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in relation to information to be made available by the Keeper of the Registers of Scotland (“the Keeper”) and access to the registers under the management and control of the Keeper.

Article 2 provides for how plain copies of information can be applied for and are issued by the Keeper. A plain copy is a simple copy and does not have the evidential status of an extract or certified copy (see sections 104 and 105 of the Land Registration etc. (Scotland) Act 2012), or an office copy (see section 11(6) of the Crofting Reform (Scotland) Act 2010 (asp 14)).

Article 3 provides that an application for an extract or plain copy of the cadastral map may only be made in respect of one cadastral unit number or title number.

Article 4 provides for how requests for inspection of a register under the management and control of the Keeper may be made.

A business regulatory impact assessment has not been provided for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2012 asp 5.

(2)

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, the Register of Judgments, the Register of Protests, the Register of the Great Seal, the Register of the Cachet Seal and the Register of the Quarter Seal.

(3)

The Crofting Register was established by section 3 of the Crofting Reform (Scotland) Act 2010 (asp 14).

(4)

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

(5)

Under Part 7 of Schedule 1 to the Registers of Scotland (Fees) Order 2014 (S.S.I. 2014/188).

(6)

Meadowbank House, 153 London Road, Edinburgh EH8 7AU or Hanover House, 24 Douglas Street, Glasgow G2 7NQ.

(7)

Under Part 7 of Schedule 1 to the Registers of Scotland (Fees) Order 2014 (S.S.I. 2014/188).