The Fees in the Registers of Scotland Order 1995

• Citation: S.I. 1995/1945
• Sections: 32

Section 1 Citation and commencement

This Order may be cited as the Fees in the Registers of Scotland Order 1995 and shall come into force on 1st September 1995.

Section 2 Interpretation

In the Schedule to this Order—

(a) “ the Act ” means the Land Registration (Scotland) Act 1979 ;

(b) “dealing” and “Certificate of Title” shall, unless the context otherwise requires, have the same meaning as they have in the Land Registration (Scotland) Rules 1980 ;

(c) in Parts I, II and III , “fixed fee” means a fee equivalent to the lowest fee specified in Table A in Part IV of the Schedule to this Order;

(d) any expression which is also used in the Act shall, unless the context otherwise requires, have the same meaning as it has in the Act; and

(e) any reference to a numbered form, unless the context otherwise requires, is a reference to the form bearing that number in Schedule A to the Land Registration (Scotland) Rules 1980 .

Section 3 Fees

The fees payable in respect of the matters specified in the Schedule to this Order, being matters relating to registration or recording in the registers under the management and control of the Keeper of the Registers of Scotland and to the provision by the Keeper of searches, reports, certificates or other documents or copies of any document or of information from any such register, shall be the fees specified in relation to those matters in that Schedule.

Section 4 Revocation

The Fees in the Registers of Scotland Order 1991 is hereby revoked.

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 to be charged 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 except that, where an application is made to register an interest or interests in land excambed, a fee will be charged on the value of the interest to which the application relates,

and shall be at the rates shown in Table A in Part IV of this Schedule, subject to the provisions of Part III of this Schedule and to the following provisions:—

(aa) where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(bb) where a single application, not being an application to register a transfer of part of a registered interest in land, affects a number of title sheets, the fee to be charged shall be based on the amount of the consideration or the value of the interest in land created, granted or transferred, whichever is the greater, plus a fixed fee for every title sheet affected other than the first;

(cc) where an application is made to give effect to a survivorship destination only, a fixed fee will be charged;

(dd) where the application is to register the assignation of a leasehold property, a fee will be charged based on the price paid for the assignation plus ten times the annual rent;

(ee) where the application is made to register a Tree Preservation Order or a Compulsory Purchase Order, a fixed fee for each title sheet affected will be charged;

(ff) where a local authority as uninfeft proprietor of a registered interest in land applies to complete its title thereto in terms of section 3(6) of the Act, the fee charged will be £44 for the first title sheet affected and a fixed fee for every other title sheet affected.

B Heritable securities

When 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 any other dealing with a heritable security in pursuance of section 2(4) of the Act,

the fee to be charged shall be calculated on the amount of the heritable security or securities created, or otherwise dealt with, and shall be at the rates shown in Table B in Part IV of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:—

(i) where a heritable security secures a yearly or periodical payment, the amount of the heritable security shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(ii) where an application for the registration of a heritable security over a registered interest in land accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of the security will be charged;

(iii) where a discharge, a discharge and deed of restriction or a deed of restriction of a heritable security however constituted accompanies an application for the registration of a heritable title to the same interest in land, a fixed fee for the registration of each such accompanying security deed will be charged;

(iv) where a discharge and deed of restriction is registered on its own, the fee will be charged on the amount of the discharge;

(v) where a deed of restriction is registered on its own, a fixed fee will be charged;

(vi) where a variation of a heritable security is registered, a fixed fee will be charged except where the amount secured by the security is increased, in which case the fee will be charged on the amount of the increase;

(vii) where a single application affects a number of title sheets, the fee to be charged will be based on the amount of the security or securities created, or otherwise dealt with, plus a fixed fee for each title sheet affected other than the first.

A Conveyances

In respect of the recording of a 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 to be charged shall be calculated as follows:—

(a) where a conveyance for a consideration is recorded, 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;

and shall be at the rates shown in Table A in Part IV of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:—

(i) where the consideration consists of a yearly or periodical payment, the amount of that consideration shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(ii) 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, and where an excambion is effected by one deed, the fee will be calculated on the total value of the subjects therein;

(iii) where a notice of title is recorded along with another deed feuing or leasing or granting a servitude over the whole or any part of the same subjects a fixed fee will be charged on that notice of title;

(iv) where a notice of title on behalf of a local authority, completing title as statutory successor of a previous local authority, is recorded, a fee of £44 will be charged on that notice of title unless the provisions at (iii) above apply;

(v) where an assignation of a leasehold property is recorded, a fee will be charged based on the price paid for the assignation plus ten times the annual rent.

B Heritable securities

In respect of the recording of a heritable security, including the constitution, transfer, postponement, corroboration or extinction of a security (but excluding a ground annual created by bilateral deed), the fee to be charged shall be calculated as follows:—

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

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

and shall be at the rates shown in Table B of Part IV of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:—

(i) where a heritable security secures a yearly or periodical payment, the amount of the security shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(ii) where a heritable security accompanies a conveyance to the granter of the security of the subjects over which the security is constituted, a fixed fee for the recording of the security will be charged;

(iii) where a discharge and deed of restriction is recorded, the fee will be charged on the amount of the discharge;

(iv) where a deed of restriction is recorded, a fixed fee will be charged;

(v) where a variation of heritable security is recorded a fixed fee will be charged, except where the amount secured by the heritable security is increased, in which case the fee will be charged on the amount of the increase.

C Recording by memorandum

Where any writ is presented in the Register of Sasines for recording by memorandum, a fee equivalent to half of the fixed fee shall be charged for each memorandum.

A Interests in land other than heritable securities

Where a single transaction, other than an excambion, is given effect to in a deed or deeds presented for recording in the Register of Sasines and/or by an application or applications for registration in the Land Register, and due notice is given to the Keeper of the nature of that transaction, the fees to be charged in respect of that transaction shall be as follows:—

(i) where the transaction is first given effect to by a deed presented in the Register of Sasines, a fee based on the amount of the consideration, or the total value of the heritable interest created, granted or transferred, whichever is the greater, will be charged on the first deed so presented, plus a fixed fee for every related deed presented in the Register of Sasines and for every title sheet affected by a related application for registration in the Land Register; or

(ii) where the transaction is first given effect to by an application for registration in the Land Register, a fee based on the amount of the consideration, or the total value of the interest in land created, granted or transferred, whichever is the greater, will be charged in respect of the first application, plus a fixed fee for every other title sheet affected by that application and by every other related application, and for every related deed presented for recording in the Register of Sasines.

B Heritable Securities

Where a single transaction is given effect to in a deed or deeds presented for recording in the Register of Sasines and/or by application or applications for registration in the Land Register, and due notice of the nature of that transaction is given to the Keeper, the fees to be charged in respect of that transaction shall be as follows:—

(i) where the transaction is first given effect to by a deed presented in the Register of Sasines, a fee based on the amount of the security or securities created in total, or otherwise dealt with, will be charged on the first deed so presented, plus a fixed fee for every related deed presented in the Register of Sasines and for every title sheet affected by related application for registration in the Land Register; or

(ii) where the transaction is first given effect to by an application for registration in the Land Register, a fee based on the amount of the security or securities created in total, or otherwise dealt with, will be charged in respect of the first title sheet affected by that application plus a fixed fee for every other title sheet affected by that application and by every other related application and for every related deed presented for recording in the Register of Sasines.

Note : In this Part, “related” means giving effect to the same single transaction.

Section 1

Registration or recording of receipts under the Industrial and Provident Societies Act 1965

Section 1

For a charter of incorporation

Section 1

For each Certificate issued under the Civil Jurisdiction and Judgments Act 1982 .

Section 1

For searching of any search sheet affecting one property

Section 1

For each page of an official extract, certified copy, plain copy or duplicate

Section 1

For a record retransmitted or transmitted to any court or exhibited therein, at the instance of a party, in accordance with the Rules of Court governing such transmission or exhibition

Section 2

Registration or recording of other miscellaneous transactions and events not included under Heads A and B of Parts I and II

Section 2

For a charter of novodamus or other Crown grant of land—

Section 2

For each Certificate of Custody when a deed is retained for permanent preservation.

Section 2

For exhibition of a title sheet

Section 2

For each page of an office copy within the meaning of section 6(5) of the Act (or part thereof other than the plan)

Section 2

For attendance by an officer of the Registers of Scotland Executive Agency at any court to produce a record in evidence

Section 3

For a Commission

Section 3

For the inspection of any other index, and volume, document or process

Section 3

For a plan (A4 size) (black and white)

Section 3

For any service not listed above

Section 4

For each group of 6 names or less searched for in the Register of Inhibitions and Adjudications

Section 4

For each fiche of duplicate copies of existing Sasine microfiche

Section 5

For searches in records arising from postal enquiries, for each letter

Section 5

For the authentication of each official extract, certified copy, duplicate or office copy

Section 6

For the handling of second and subsequent extracts and for copies