2014 No. 189

Land Registration

The Registers of Scotland (Information and Access) Order 2014

Made26th June 2014

Coming into force8th 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 20121.

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.

Citation, commencement and interpretation1.

(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.

Information made available by the Keeper2.

(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 Registers2;

(h)

of a registration schedule of a croft, common grazing or land held runrig registered in the Crofting Register3;

(i)

of a registration in the Register of Community Interests in Land4;

F1(j)

of, or any part of, an entry or document in the Register of Assignations;

(k)

of, or any part of, an entry or document in the Register of Statutory Pledges.

(2)

The Keeper may issue the plain copy if—

(a)

such fee as is payable5 for issuing it is paid; or

(b)

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

Extract or plain copy of the cadastral map3.

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.

Public access to a register under the management and control of the Keeper4.

(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 Centre6;

(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 payable7 for the inspection is paid; or

(b)

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

F2Extracts of deeds registered in the Books of Council and Session5.

(1)

Where a person applies to the Keeper for an extract of a deed registered in the Books of Council and Session the Keeper must issue the extract, if—

(a)

such fee as is payable for issuing it is paid, or

(b)

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

(2)

In the case of a deed registered in the Books of Council and Session in accordance with regulation 8 of the Electronic Documents (Scotland) Regulations 2014 (registration of other electronic documents), the Keeper—

(a)

must issue the extract as an electronic document, but

(b)

may, if the applicant requests that it be issued as a paper document, issue the extract in that form instead.

(3)

In all other cases, the Keeper—

(a)

must issue the extract as a paper document, but

(b)

may, if the applicant requests that it be issued as an electronic document, issue the extract in that form instead.

Extracts of deeds registered in the Register of Sasines6.

Where a person applies to the Keeper for an extract of a deed registered in the Register of Sasines, the Keeper may issue the extract as an electronic document if (and only if) the applicant requests that it be issued in that form.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th June 2014

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.