Fees in the Department of the Registers of Scotland (Amendment) Order 1990

• Citation: S.I. 1990/1256
• Sections: 8

Section 1

This Order may be cited as the Fees in the Department of the Registers of Scotland (Amendment) Order 1990 and shall come into force on 4th July 1990.

Section 2

For the Table of Fees in the Schedule to the Fees in the Department of the Registers of Scotland Order 1981 there shall be substituted the Table of Fees set out in the Schedule to these Regulations.

A Interests in land other than heritable securities

When application is made for

(a) registration of an unregistered interest in land in pursuance of section 2(1) of the Act;

(b) registration of the creation over a registered interest in land of a liferent or an incorporeal heritable right in pursuance of section 2(3) of the Act; or

(c) registration of any transfer of a registered interest in land (not being a heritable security) in pursuance of section 2(4) of the Act,

the fee shall be calculated as follows:–

(i) where the interest in land to which the registration relates has been created, granted or transferred for a consideration, on the amount of the consideration or the value of that interest, whichever is the greater, or

(ii) in any other case, on the value of the interest in land to which the registration relates,

at the rate of £11.00 for every £5,000 or part of £5,000, subject to a minimum of £22.00 and a maximum of £550.00, as shown in the following Table.

Notes

Where the consideration consists of a feu duty, rent, ground annual or other yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 20 years' purchase.

Where an excambion is effected by more than one deed, a fee will be charged in respect of each deed on the value of the interest in land transferred thereby. Where an excambion is effected by one deed, the fee will be calculated on the total value of the interests in land transferred thereby.

B Heritable securities

Where application is made for

(a) registration of the creation over a registered interest in land of a heritable security in pursuance of section 2(3) of the Act; or

(b) registration of the transfer, postponement, corroboration or extinction of, or other dealing with, a heritable security in pursuance of section 2(4) of the Act,

the fee shall be calculated as follows:–

(i) on the amount of the heritable security or securities created, transferred, postponed, corroborated, discharged or otherwise dealt with; or

(ii) where there is any combination of transfer, postponement, corroboration, discharge of and other dealing with a heritable security or securities, on the amount of the heritable security or securities affected by such combination,

at the rate of £11.00 for every £10,000 or part of £10,000, subject to a minimum of £22.00 and a maximum of £275.00, as shown in the following Table.

Notes

Where a heritable security secures a yearly or periodical payment, the a mount of the heritable security shall be the capitalised amount of the payment, calculated for perpetual payments at 20 years' purchase and for liferent payments according to the value of the expectancy.

Where an application for the registration of a Standard Security accompanies an application for the registration of a heritable title to the same subjects, the fee for the registration of the Standard Security will be £22.00.

Where a Discharge, a Discharge and Deed of Restriction or a Deed of Restriction of a Standard Security or of a Bond and Disposition in Security, or a Discharge of a heritable security constituted by ex facie absolute conveyance accompanies an application for the registration of a heritable title to the same subjects, the fee for the registration of these accompanying security deeds will be £22.00.

Where two or more Standard Securities or Discharges thereof are registered in respect of one loan, a fee for the full amount of the loan will be charged on one writ and a fee of £22.00 will be charged on each of the others. This arrangement applies only to Standard Securities and Discharges thereof.

In the case of a Discharge and Deed of Restriction registered on its own the fee will be charged on the amount of the Discharge.

In the case of a Deed of Restriction registered on its own there will be a fee of £22.00.

In the case of a Variation of a Standard Security there will be a fee of £22.00, except where the amount secured by the Standard Security is increased, in which case the fee will be charged on the amount of the increase.

C Miscellaneous transactions and events

Registration of miscellaneous transactions and events not coming under head A or B above:–

A Conveyances

Recording of conveyance, including absolute conveyance, voluntary or judicial , either for a price or as a gift or in implement of trust or other purpose, completion of title by decree or by Notice of Title, feu-right, lease, deed creating a ground annual or other yearly or periodical payment where there is a transfer of heritable subjects not in security, and generally all deeds transferring an absolute right to heritable subjects.

The fee shall be calculated as follows:–

(a) in the case of a conveyance for a consideration, on the amount of the consideration or the value of the heritable subjects transferred or passing, whichever is the greater, or

(b) in any other case, on the value of the heritable subjects transferred or passing,

at the rate of £11.00 for every £5,000 or part of £5,000, subject to a minimum of £22.00 and a maximum of £550.00, as shown in the following Table.

Notes

Where the consideration consists of a feu duty, rent, ground annual or other yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 20 years' purchase.

Where an excambion is effected by more than one deed, a fee will be charged for each deed on the value of the subjects therein. Where an excambion is effected by one deed, the fee will be calculated on the total value of the subjects therein.

B Securities

Recording of security, including the constitution, transfer, postponement, corroboration or extinction of a security, (but excluding a ground annual created by bilateral deed).

The fee shall be calculated as follows:–

(i) on the amount of the security or securities created, transferred, postponed, corroborated or discharged; or

(ii) where there is any combination of transfer, postponement, corroboration and discharge of a security or securities, on the amount of the security or securities affected by such combination.

at the rate of £11.00 for every £10,000 or part of £10,000, subject to a minimum of £22.00 and a maximum of £275.00, as shown in the following Table.

Notes

Where a security secures a yearly or periodical payment, the amount of the security shall be the capitalised amount of the payment, calculated for perpetual payments at 20 years' purchase and for liferent payments according to the value of the expectancy.

Where a Standard Security accompanies a conveyance to the granter of the security of the subjects over which the security is constituted, the fee for the recording of the Standard Security will be £22.00.

Where two or more Standard Securities or Discharges thereof are recorded in respect of one loan, a fee for the full amount of the loan will be charged on one writ and a fee of £22.00 will be charged on each of the others. This arrangement applies only to Standard Securities or Discharges thereof.

In the case of a Discharge and Deed of Restriction the fee will be charged on the amount of the Discharge.

In the case of a Deed of Restriction there will be a fee of £22.00.

In the case of a Variation of a Standard Security there will be a fee of £22.00, except where the amount secured by the Standard Security is increased, in which case the fee will be charged on the amount of the increase.

C Miscellaneous writs

Recording of miscellaneous writs not coming under head A or B above:–