LegalizeThe Fees in the Registers of Scotland Amendment Order 2010
Made: 18th November 2010
Coming into force: 10th January 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section25 of the Land Registers (Scotland) Act 1868[^f00001] and all other powers enabling them to do so.
Citation and commencement
1
This Order may be cited as the Fees in the Registers of Scotland Amendment Order 2010 and comes into force on 10thJanuary 2011.
Amendment of the Fees in the Register of Scotland Order 1995
2
For the Schedule to the Fees in the Register of Scotland Order 1995[^f00002] (table of fees in the Registers of Scotland) substitute the Schedule set out in the Schedule to this Order.
SCHEDULE — REPLACEMENT SCHEDULE TO THE FEES IN THE REGISTERS OF SCOTLAND ORDER 1995
Signed
JIM MATHER — Authorised to sign by the Scottish Ministers — 18th November 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends and replaces the Schedule to the Fees in the Registers of Scotland Order 1995 (“the Schedule”) to provide for new fees for services provided by the Keeper of the Registers of Scotland.
The changes to the fees in the Schedule are as follows:
| Current fee (£) | New fee (£) | |
|---|---|---|
| Part I, Section 1, Head A (Land Register registration fees in respect of interests in land other than heritable securities) | ||
| Additional fee per each additional title sheet affected (in addition to the fee specified in Table A in Part IV of the Schedule) where a single application affects a number of title sheets | 30 | 60 |
| Application made to give effect to a survivorship destination | 30 | 60 |
| Application made by certain statutory authorities seeking to complete title | 30 | 60 |
| Part I, Section 1, Head B (Land Register registration fees in respect of heritable securities) | ||
| Registration fee (per title sheet affected) for the creation of a heritable security over a registered interest in land under section2(3) of the Land Registration (Scotland) Act 1979 | £30 (£20 for ARTL System application) | £60 (£50 for ARTL System application) |
| Registration fee (per title sheet affected) for any other dealing with a heritable security under section 2(4) of the Land Registration (Scotland) Act 1979 | £30 (£20 for ARTL System application) | £60 (£50 for ARTL System application) |
| Part I, Section 2 (Land Register report fees) | ||
| Form 10 application for a report prior to first registration | 28.50 | 32.00 |
| Form 11 application for continuation of report prior to first registration | 16.50 | 19.00 |
| Form 12 application for a report over registered subjects | 28.50 | 32.00 |
| Form 13 application for continuation of report over registered subjects | 16.50 | 19.00 |
| Form 14 application for a report to ascertain whether or not subjects have been registered | 28.50 | 32.00 |
| Form P16 application for comparison of a bounding description with the Ordnance Map separate from Form 10 application | 28.50 | 29.50 |
| Form P17 application for comparison of the boundaries of the title plan with the Ordnance Map separate from Form 12 application | 28.50 | 32.00 |
| Combined fee for a Form P16 for comparison of a bounding description with the Ordnance Map in conjunction with Form10 application | 41.00 | 45.00 |
| Combined fee for a Form P17 for comparison of the boundaries on the title plan with the Ordnance Map in conjunction with Form12 application | 41.00 | 45.00 |
| Part I, Section 3 (Land Register miscellaneous services) | ||
| Form 5 application for noting an overriding interest etc. (for each title sheet affected) | 30.00 | 60.00 |
| Form 9 application for rectification of the register | 30.00 | 60.00 |
| Application for checking the boundaries of adjoining properties | 20.00 | 60.00 |
| Application for withdrawal of an application under rule 11 of the Land Registration (Scotland) Rules 2006 | 30.00 | Equivalent to applicable registration fee, up to a maximum of £400 |
| Application for the provision of information from a deed or document in the Land Register archive (for each deed/document) | 8.00 | 16.00 |
| Application for registration of a tree preservation order or a compulsory purchase order (for each title sheet affected) | 30.00 | 60.00 |
| A rejected application under rule 13 of the Land Registration (Scotland) Rules 2006 | 30.00 | Equivalent to applicable registration fee, up to a maximum of £400 |
| A rejected application prior to being accepted for the Land Register under section 4 of the Land Registration (Scotland) Act 1979 | N/A | 30.00 |
| Part II (Register of Sasines recording fees) | ||
| Application to record notice of title (a) along with another deed granting a long lease or servitude over the whole or part of same subjects, (b) on behalf of certain statutory authorities seeking to complete title, or (c) on behalf of a Health Board or Special Health Board completing title under an order made under section2 of the National Health Service (Scotland) Act 1978 | 30.00 | 60.00 |
| Recording a heritable security | 30.00 | 60.00 |
| Recording of a writ by memorandum (per memorandum) | 30.00 | 60.00 |
| Part III (fees for registrations and recordings in both the Land and the Sasine Registers) | ||
| Recording and registration fees for single transactions effected by more than one deed and/or application where, as a result of a single transaction concerning interests in land other than heritable securities, an application is made for registration in the Land Register and recording in the Register of Sasines | Fee calculated in accordance with TableA, | N/A |
| PartIV of Schedule plus fee of £30 for each related deed presented for recording or for every other title sheet affected by an application for registration in the Land Register | ||
| Recording and registration fees for single transactions effected by more than one deed and/or application where, as a result of a single transaction concerning heritable securities, an application is made for registration in the Land Register and recording in the Register of Sasines | £30 in respect of transaction plus £30 for every other title sheet affected or deed recorded | N/A |
| Application for registration or recording of miscellaneous deeds not referred to elsewhere in PartsI to III of the Schedule to this Order | £30 | £60 (or £50 for ARTL System application) |
| Application for registration or recording comprising an application for dual registration or an application for variation of a title condition where no fee is provided in respect of such an application elsewhere in PartsI to III of the Schedule to this Order | £30 plus £30 for each other title sheet affected and for each deed recorded | £60 plus £60 for each other title sheet affected and for each deed recorded |
| Applications personally presented at a Registers of Scotland customer service centre (per title affected, in addition to recording/registration fee) | N/A | 15.00 |
| PartIV – TableA – Registration and recording fees (based upon consideration or value) | ||
| £50,000 (up to and including) | 30.00 | 60.00 |
| £100,000 (up to and including) | 100.00 | 120.00 |
| £150,000 (up to and including) | 200.00 | 240.00 |
| £200,000 (up to and including) | 300.00 | 360.00 |
| £300,000 (up to and including) | 400.00 | 480.00 |
| £500,000 (up to and including) | 500.00 | 600.00 |
| £700,000 (up to and including) | 600.00 | 720.00 |
| £1,000,000 (up to and including) | 700.00 | 840.00 |
| PartIV – TableB – Registration and recording fees for ARTL System applications (based upon consideration or value) | ||
| £50,000 (up to and including) | 20.00 | 50.00 |
| £100,000 (up to and including) | 75.00 | 90.00 |
| £150,000 (up to and including) | 150.00 | 180.00 |
| £200,000 (up to and including) | 225.00 | 270.00 |
| £300,000 (up to and including) | 300.00 | 360.00 |
| £500,000 (up to and including) | 375.00 | 450.00 |
| £700,000 (up to and including) | 450.00 | 540.00 |
| £1,000,000 (up to and including) | 550.00 | 660.00 |
| Part XI, Section1 (fees for the provision of information) | ||
| Section1, HeadA (Register of Sasines) | ||
| Presentment book – per search against a name, an address or a minute number | 1.80 | 3.00 |
| Minute book – per search against a name, an address or a minute number | 1.80 | 3.00 |
| Search sheet – per search against a search sheet number; per view of any individual search sheet; or the provision of information from any other index, volume, document or process | 1.80 | 3.00 |
| Section1, HeadB (Land Register ofScotland) | ||
| Application record – per search against a name, an address, an application number, or a title number | 1.80 | 3.00 |
| Title sheet – per search against a name, an address or a title number, or per view of the title sheet affecting one interest in land | 1.80 | 3.00 |
| Index map – per seed rectangle search or per seed point search | 1.80 | 3.00 |
| Provision of information from any other index, volume, document or process | 1.80 | 3.00 |
| Section1, HeadC (Books of Council and Session) | ||
| For each search in the Register of Deeds of Register of Judgments Index against a name, a pursuer/petitioner, a defender/respondent, or a judgment number | 1.80 | 3.00 |
| Section1, HeadD (Register of Inhibitions and Adjudications) | ||
| For each group of 6 names or fewer searched against | 1.80 | 3.00 |
| For provisions of a copy of the daily minutes (per day) | 19.50 | 21.00 |
| Per search of a specified minute number | 1.80 | 3.00 |
| Section1, HeadE (Searches of Registers Direct service conducted by Registers ofScotland) | ||
| Search request submitted by email, letter or fax | N/A | £8.00 plus £3.00 Registers Direct service search fee per search |
| Search request made in person at a Registers of Scotland Customer Service Centre | N/A | £12.00 plus £3.00 Registers Direct service search fee per search |
| Section1, HeadF (Miscellaneous) | ||
| Per copy deed recorded in the Register of Sasines via the Registers Direct service | N/A | 3.00 |
| Pre-registration enquiries service (per enquiry) | N/A | 50.00 |
| PartXI, Section2 (Extracting and copying fees) | ||
| For a plain copy or duplicate | 8.00 | 16.00 |
| For an official extract or certified copy | 15.00 | 30.00 |
| For an official extract obtained from the National Archives of Scotland (NAS) (to be charged as official extract– see above) | 5.00 plus NAS fee | 30.00 |
| For an office copy | 15.00 | 30.00 |
| For each additional extract of any deed or document requested at the same time as recording in the Register of Sasines or registration in the Books of Council and Session | 8.00 | 10.00 |
| PartXI, Section3 (Data extractions) | ||
| For information on sales for consideration comprising reports in a spreadsheet format containing data extraction of residential sales | 450.00 per month for the whole of Scotland | 675.00 per month for the whole of Scotland |
| For information on land values comprising reports in spreadsheet of sales from the Land Register of Scotland per land values script | 622.00 per month for the whole of Scotland | 933.00 per month for the whole of Scotland |
| For information on a particular creditor or legal agent comprising a spreadsheet list of deeds submitted to Land Register of Scotland by creditor or legal agent | 100.00 per month or 100.00 per quarter | 150.00 per month or 150.00 per quarter |
| For a data set of registration country boundaries | 100.00 | 150.00 |
| For information on Register of Sasines minutes | 252.00 per month for the whole of Scotland | 378.00 per month for the whole of Scotland |
| Breakdown of data extraction costs by registration county – land values | ||
| Aberdeen | 42.00 | 63.00 |
| Angus | 23.00 | 34.50 |
| Argyll | 9.00 | 13.50 |
| Ayr | 38.00 | 57.00 |
| Banff | 10.00 | 15.00 |
| Berwick | 5.00 | 7.50 |
| Bute | 5.00 | 7.50 |
| Caithness | 8.00 | 12.00 |
| Clackmannan | 5.00 | 7.50 |
| Dumbarton | 23.00 | 34.50 |
| Dumfries | 10.00 | 15.00 |
| East Lothian | 9.00 | 13.50 |
| Fife | 39.00 | 58.50 |
| Glasgow | 68.00 | 102.00 |
| Inverness | 14.00 | 21.00 |
| Kincardine | 8.00 | 12.00 |
| Kinross | 5.00 | 7.50 |
| Kircudbright | 5.00 | 7.50 |
| Lanark | 56.00 | 84.00 |
| Midlothian | 80.00 | 120.00 |
| Moray | 16.00 | 24.00 |
| Nairn | 5.00 | 7.50 |
| Orkney and Zetland | 8.00 | 12.00 |
| Peebles | 5.00 | 7.50 |
| Perth | 15.00 | 22.50 |
| Renfrew | 35.00 | 52.50 |
| Ross and Cromarty | 18.00 | 27.00 |
| Roxburgh | 5.00 | 7.50 |
| Selkirk | 5.00 | 7.50 |
| Stirling | 23.00 | 34.50 |
| Sutherland | 5.00 | 7.50 |
| West Lothian | 15.00 | 22.50 |
| Wigtown | 5.00 | 7.50 |
| Scotland | 622.00 | 933.00 |
| Breakdown of data extractions costs by registration county – sales for consideration | ||
| Aberdeen | 29.00 | 43.50 |
| Angus | 17.00 | 25.50 |
| Argyll | 7.00 | 10.50 |
| Ayr | 27.00 | 40.50 |
| Banff | 7.00 | 10.50 |
| Berwick | 4.00 | 6.00 |
| Bute | 4.00 | 6.00 |
| Caithness | 6.00 | 9.00 |
| Clackmannan | 4.00 | 6.00 |
| Dumbarton | 17.00 | 25.50 |
| Dumfries | 7.00 | 10.50 |
| East Lothian | 7.00 | 10.50 |
| Fife | 27.00 | 40.50 |
| Glasgow | 48.00 | 72.00 |
| Inverness | 10.00 | 15.00 |
| Kincardine | 6.00 | 9.00 |
| Kinross | 4.00 | 6.00 |
| Kircudbright | 4.00 | 6.00 |
| Lanark | 40.00 | 60.00 |
| Midlothian | 57.00 | 85.50 |
| Moray | 12.00 | 18.00 |
| Nairn | 4.00 | 6.00 |
| Orkney and Zetland | 6.00 | 9.00 |
| Peebles | 4.00 | 6.00 |
| Perth | 11.00 | 16.50 |
| Renfrew | 24.00 | 36.00 |
| Ross and Cromarty | 13.00 | 19.50 |
| Roxburgh | 4.00 | 6.00 |
| Selkirk | 4.00 | 6.00 |
| Stirling | 17.00 | 25.50 |
| Sutherland | 4.00 | 6.00 |
| West Lothian | 11.00 | 16.50 |
| Wigtown | 4.00 | 6.00 |
| Scotland | 450.00 | 675.00 |
| Reports | ||
| For a report on post code sectors or district comprising the average price and volume of sales | 105.00 per month or 105.00 per quarter | 150.00 per month or 150.00 per quarter |
A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copiesmay be obtained online at www.ros.gov.uk/feereview2010.
Footnotes
[^f00001]: 1868 c.64 (31 and 32 Vict.); section25 was substituted by section23 of the Land Registration (Scotland) Act 1979 (c.33) and amended by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1820), article4 and Schedule2, paragraph3. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).
[^f00002]: S.I. 1995/1945, as 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 and S.S.I.2009/171.
[^f00003]: “The Act” is defined in article2(a) of the Fees in the Registers of Scotland Order 1995 as the Land Registration (Scotland) Act 1979 (c.33). Section2(1) was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp5), schedule12, paragraph39.
[^f00004]: Section3(6) was amended by the Title Conditions (Scotland) Act 2003 (asp9), schedule14, paragraph7(3).
[^f00005]: S.S.I. 2006/485.
[^f00006]: 1978 c.29; section2 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule7, paragraph1; the National Health Service and Community Care Act 1990 (c.19), section28, paragraph19(1) of Schedule9 and paragraph1 of Schedule10; the National Health Service Reform (Scotland) Act 2004 (asp7), Schedule1, paragraph1(2); the Smoking, Health and Social Care (Scotland) Act 2005 (asp13), Schedule2, paragraph2(2); and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp5), section2(1).
[^f00007]: 1965 c.12.
[^f00008]: 1982 c.27.
[^f00009]: A leaflet entitled “Land Register Counties” is available through Registers of Scotland Customer Service Centres or online at www.ros.gov.uk.
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