The Land Register Rules etc. (Scotland) Regulations 2014

Made: 28th May 2014

Laid before the Scottish Parliament: 30th May 2014

Coming into force: 8th December 2014

In accordance with section 115(2) of that Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland.

PART 1 — Introductory

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Land Register Rules etc. (Scotland) Regulations 2014 and come into force on 8th December 2014.

• (2) In these Regulations—

• “the Act” means the Land Registration etc. (Scotland) Act 2012; and

• “plot of land comprising seabed” means a plot of land entirely covered by water that lies within the territorial sea of the United Kingdom adjacent to Scotland.

PART 2 — Advance notices

Forms to apply for, or to discharge, an advance notice

2

An application for—

• (a) an advance notice under section 57(1) of the Act must be made—

• (i) in respect of the whole of a registered plot, using the Form set out in Part 1 of Schedule 1;

• (ii) in respect of part of a registered plot, using the Form set out in Part 2 of Schedule 1;

• (b) discharge of an advance notice under section 63(1) of the Act must be made using the Form set out in Part 3 of Schedule 1.

Procedure for application for an advance notice

3

• (1) Subject to paragraph (3), an application for an advance notice relating to ... a registered plot or discharge of an advance notice must be sent to the Keeper electronically using a computer system for advance notices under the management and control of the Keeper, unless—

• (a) the computer system notifies the applicant who attempts to use it that it is unavailable for a period of 48 hours or longer; ...

• (b) the applicant—

• (i) has no computer facilities with access to the internet; ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; or

• (c) the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so;

• (1A) In particular, paragraph (1)(c) is met—

• (a) if the applicant is a natural person who granted the deed to which the advance notice relates; and

• (b) the application is not made by a person who, in connection with the grant, acts as a solicitor or other legal adviser to the granter.

• (2) Only a person authorised by the Keeper may use that computer system.

• (3) Except in respect of advance notices relating to the whole of a registered plot, paragraph (1) does not apply unless the Keeper has notified a date in accordance with paragraph (4).

• (4) Such a notification by the Keeper must state the date on which it comes into effect, which date may not be earlier than 6 months after the date of its publication on the Keeper’s website.

• (5) Before making such a notification, the Keeper must consult the Scottish Ministers.

Description of an unregistered plot or unregistered lease in an advance notice

4

• (1) An advance notice by virtue of section 56(1)(e) of the Act must contain a description of the subjects of the lease or plot of land sufficient to enable the Keeper to identify those subjects or that plot.

• (2) The description mentioned in paragraph (1) must identify the subjects of the lease or plot of land by reference to the—

• (a) description in a deed recorded in the Register of Sasines; and if such a deed exists; and

• (b) postal address (if any).

• (3) Where the subjects of the lease or plot of land have not been recorded in or form part only of the subjects described in a deed recorded in the Register of Sasines, the description mentioned in paragraph (2) must be accompanied by a plan of that part which satisfies the Keeper that the Keeper can delineate its boundaries on the cadastral map.

Notification of acceptance of advance notice

5

• (1) The Keeper must notify the applicant or applicant’s agent that the advance notice has been entered in the application record.

• (2) A notification given under paragraph (1) must be made by email to the email address contained in the application, except in cases where an application has been made using a paper form under regulation 3(1)(b) or (3)(b).

• (3) The notification given under paragraph (1) must contain the—

• (a) granter’s name and designation;

• (b) grantee’s name and designation;

• (c) application number;

• (d) advance notice number;

• (e) type of intended deed;

• (f) particulars of the—

• (i) plot of land; or

• (ii) subjects of lease;

• (g) where section 57(4)(a)(ii) of the Act applies, a PDF[^f00002] file of the delineation on the cadastral map; and

• (h) date when the advance notice is entered on the application record.

Removal of delineation from the cadastral map where intended deed not registered

6

In respect of an advance notice for a deed which is not registered during the protected period, the period prescribed under section 62(2) of the Act, after which the Keeper must remove the delineation on the cadastral map, is 35 days beginning on the day after the date when the notice is entered in the application record.

PART 3 — Registration

Form to apply for registration in the Land Register

7

• (1) From a date notified by the Keeper in accordance with paragraph (5), an application for registration of—

• (a) a kind of deed under section 21 of the Act; or

• (b) an unregistered plot under section 27 of the Act,

must be sent to the Keeper in accordance with paragraphs (2) and (3).

• (2) The application must be sent in electronic form using a computer system under section 99 of the Act unless—

• (a) the computer system notifies the applicant who attempts to use it that it is unavailable for a period of 48 hours or longer;

• (b) the applicant has no computer facilities with access to the internet; or

• (c) the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so.

• (3) In particular, paragraph (2)(c) is met—

• (a) if the applicant is a natural person who granted the deed, or to whom the deed is granted; and

• (b) the application is not made by a person who, in connection with the grant, acts as a solicitor or other legal adviser to the person.

• (4) Where an application under paragraph (1)(a) must be sent in electronic form, the deed must be an electronic document within the meaning given by the Requirements of Writing (Scotland) Act 1995.

• (5) Such a notification by the Keeper must state the date on which it comes into effect, which date may not be earlier than 6 months after the date of its publication on the Keeper’s website.

• (6) Before making such a notification, the Keeper must consult the Scottish Ministers.

Application for registration of plot of land comprising seabed

8

In respect of an application for registration of a deed in relation to a plot of land comprising seabed, the deed must contain—

• (a) a description of the plot of land based on OSGB36 coordinates[^f00003]; and

• (b) a plan, in a form that the Keeper considers reasonably identifies the location of the plot of land in relation to the coast of Scotland.

Affidavits to accompany applications for registration

9

An affidavit which—

• (a) accompanies an application for registration;

• (b) accompanies an application to vary warranty; or

• (c) provides evidence in respect of rectification of the register,

must be made before a notary public.

Application record

10

• (1) Where the Keeper enters an application in the application record, the Keeper must allocate an application number to that application.

• (2) An application number is an unique identifier consisting of numerals or of letters and numerals.

• (3) Where an application for registration requires the creation of a—

• (a) cadastral unit;

• (b) lease title sheet; or

• (c) title sheet for a flat,

the Keeper must allocate a provisional title number to that application.

• (4) Where additional cadastral units require to be created in respect of an application, the Keeper may allocate additional application numbers and provisional title numbers until registration is completed under section 30 or 31 of the Act.

• (5) Where registration is completed under section 30 or 31 of the Act, the provisional title number will become the title number assigned under section 4(1) of the Act.

Acknowledgement of application for registration

11

• (1) After an application for registration is entered in the application record, the Keeper must acknowledge receipt of that application if an email address for acknowledgment is contained in the application.

• (2) An acknowledgment given under paragraph (1) must contain the—

• (a) type of deed;

• (b) names of the parties;

• (c) date of application;

• (d) application number allocated under regulation 10(1);

• (e) title number or provisional title number allocated under regulation 10(3); and

• (f) particulars of the plot of land or the subjects of lease.

Title sheets

12

• (1) In addition to the information required to be entered in the property section by virtue of section 6 of the Act, the property section must contain—

• (a) the date of—

• (i) registration of the plot of land; and

• (ii) the last entry in the title sheet;

• (b) the terms of any caveat;

• (c) in respect of a title sheet created for registration of—

• (i) a deed relating to—

• (aa) an unregistered plot; or

• (bb) part of a registered plot; or

• (ii) an unregistered plot,

particulars of any deed in which servitude rights are constituted;

• (d) a statement where minerals are excepted;

• (e) for a plot of land comprising seabed, the OSGB36 coordinates representing the boundaries of that plot; and

• (f) in respect of a title sheet created for registration of—

• (i) a deed relating to—

• (aa) an unregistered plot; or

• (bb) part of a registered plot; or

• (ii) an unregistered plot,

the area measurement of the cadastral unit where it is greater than 0.5 hectare.

• (2) In addition to the information required to be entered in the property section by virtue of section 7 of the Act, the proprietorship section must contain the—

• (a) consideration; and

• (b) date of entry.

Amendments etc. of application

13

Where the Keeper has consented under section 34(1)(b) of the Act to substitution or amendment of an application, the substituted or amended application must be received by the Keeper before the expiry of the period of 42 days beginning on the day after the date of consent.

Combination of cadastral units

14

Where—

• (a) the Keeper combines cadastral units under section 13(2)(a) of the Act; and

• (b) each registered plot of land has a different date of registration,

the earliest date of registration entered in the title sheet of one of those registered plots will be the date of registration of the resultant plot of land.

Form to place a caveat on a title sheet

15

An application to—

• (a) place on a title sheet a caveat granted under section 67(3) of the Act;

• (b) renew a caveat granted under section 69(2) of the Act;

• (c) restrict a caveat granted under section 70(2) of the Act;

• (d) recall a caveat granted under section 71(2) of the Act; or

• (e) discharge a caveat under section 72 of the Act,

must be made using the Form set out in Part 5 of Schedule 1.

Form to vary warranty

16

An application to vary warranty under section 76(2) of the Act must be made using the Form set out in Part 6 of Schedule 1.

Corrections

17

• (1) Where the Keeper becomes aware of a typographical error in a title sheet, the Keeper may correct the error.

• (2) In paragraph (1), “typographical error” means an error which is not an inaccuracy (within the meaning of section 65 of the Act).

PART 4 — Prescriptive claimants

Notification by prescriptive claimants

18

• (1) An applicant must notify the person mentioned in section 43(4) of the Act by sending the notification—

• (a) at least 60 days prior to submitting to the Keeper the application for registration of a disposition mentioned in section 43(1) of the Act; and

• (b) by a postal service which provides for the delivery of the notification to be recorded.

• (2) The notification made under section 43(4) of the Act must be in the form set out in Schedule 2.

SCHEDULE 1 — APPLICATION FORMS TO BE USED IN CONNECTION WITH LAND REGISTRATION

Form	Purpose	Relevant provisions of the Rules
PART 1	Application for an Advance Notice relating to Whole of a Registered Plot	Regulation 2(a)(i)
PART 2	Application for an Advance Notice relating to Part of Registered Plot	Regulation 2(a)(ii)
PART 3	Application to Discharge an Advance Notice	Regulation 2(b)
PART 4	Application for Registration	Regulation 7
PART 5	Application relating to a Caveat	Regulation 15
PART 6	Application to Vary Warranty	Regulation 16

PART 1

PART 2

PART 3

PART 4

PART 5

PART 6

SCHEDULE 2

Signed

FERGUS EWING — Authorised to sign by the Scottish Ministers — 28th May 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make rules for making up and keeping the Land Register of Scotland (“theregister”), the procedure for applications for registration, forms to be used, requiring the Keeper of the Registers of Scotland (“the Keeper”) to enter in the title sheet record certain information, and other matters which may or must be provided for under the Land Registration etc. (Scotland) Act 2012 (“the Act”) or to give it full effect.

Regulation 2 provides for application forms to be used in respect of advance notices.

Regulation 3 provides for the procedure to be followed in respect of advance notices.

Regulation 4 provides for the description to be contained in an advance notice where the intended deed relates to an unregistered lease or unregistered plot of land.

Regulation 5 provides for notifications of acceptance of advance notices.

Regulation 6 provides for the removal of a delineation made on the cadastral map in respect of an advance notice where the intended deed is not registered within the protected period.

Regulation 7 prescribes the application form to be used for registration of a deed or plot of land.

Regulation 8 provides for the requirements for applications for registration of a plot of land comprising seabed.

Regulation 9 provides the requirements for affidavits.

Regulation 10 provides for the allocation of application numbers and provisional title numbers.

Regulation 11 provides for acknowledgment of applications for registration.

Regulation 12 provides for information to be entered in title sheets.

Regulation 13 provides for amendments and substitutions to applications.

Regulation 14 sets out the date of registration applied when two or more cadastral units are combined to make one plot of land.

Regulation 15 prescribes the application form to be used to have a caveat placed on a title sheet.

Regulation 16 prescribes the application form to vary warranty.

Regulation 17 provides that the Keeper may correct typographical errors in title sheets where the error is not an inaccuracy as defined in section 65 of the Act.

Regulation 18 provides the method of notification by a prescriptive claimant, the form of which is set out in Schedule 2.

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

Footnotes

[^f00001]: 2012 asp 5.

[^f00002]: Portable document format – ISO 32000-1:2008.

[^f00003]: National Grid - Ordnance Survey Great Britain 1936.

Land Registration etc (Scotland) Act2012

Application for an Advance Notice relating to Whole of a Registered Plot

Land Registration etc (Scotland) Act 2012

Application for an Advance Notice relating to Part of Registered Plot

Land Registration etc (Scotland) Act 2012

Application to Discharge an Advance Notice

Land Registration etc. (Scotland) Act 2012

Application for Registration

Land Registration etc (Scotland) Act 2012

Application relating a caveat

Land Registration etc (Scotland) Act 2012

Application to vary warranty

Editorial notes

[^key-03226d7c003ce8d90f89d61ef04b5dcb]: Reg. 3 in force at 8.12.2014, see reg. 1(1)

[^key-1b817ffb89bc4a5b6ba6393d427b89d3]: Reg. 4 in force at 8.12.2014, see reg. 1(1)

[^key-b30dc3a13767e3cf2b611c225cb601b0]: Reg. 1 in force at 8.12.2014, see reg. 1(1)

[^key-efbd23b1b254d1bcc402d7cc9143685e]: Reg. 2 in force at 8.12.2014, see reg. 1(1)

[^key-803790efc0c5b4c3a869c8226101402b]: Reg. 5 in force at 8.12.2014, see reg. 1(1)