The Registers of Scotland (Information and Access, etc.) Miscellaneous Amendment Order 2022

Extracts of deeds

2.  After article 4 of the Registers of Scotland (Information and Access) Order 2014(1) (public access to a register under the management and control of the Keeper) insert—

“Extracts of deeds registered in the Books of Council and Session

5.— (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(2) 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(3) (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 Sasines

6.   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.”.

(1)

S.S.I. 2014/189.

(2)

Under the Registers of Scotland (Fees) Order 2014, schedule 1, Parts 4 and 7 (S.S.I. 2014/188) amended by S.S.I. 2021/139.

(3)

S.S.I. 2014/83 relevantly amended by S.S.I. 2022/65.