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The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780111061640

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 116(3)(k) and (l) of the Land Registration etc. (Scotland) Act 2012, for approval by resolution of the Scottish Parliament.

Registers And Records

Moveable Transactions

Made 2025

Coming into force 1st April 2025

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 107(1) and 110(1) and (2), of the Land Registration etc. (Scotland) Act 2012f1 and all other powers enabling them to do so.

In accordance with section 110(3) of that Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland about (among other things), the expenses incurred by the Keeper in relation to the matters specified in section 110(3)(a) of that Act, and the desirability of encouraging registering, recording and entering in any register under the management and control of the Keeper.

In accordance with section 116(3)(k) and (l) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2012 asp 5.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Registers of Scotland (Fees) Order 2014
  3. 3Amendment of the Registers of Scotland (Information and Access) Order 2014
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2025 and comes into force on 1April 2025.

2Amendment of the Registers of Scotland (Fees) Order 2014

(1)

The Registers of Scotland (Fees) Order 2014f1 is amended as follows.

(2)

In article 2(1) (interpretation), after the definition of “the 2003 Act”, insert—

  • ““the 2023 Act” means the Moveable Transactions (Scotland) Act 2023f2;”.

(3)

In article 3 (fees)—

(a)

at the end of sub-paragraph (e) omit “and”,

(b)

after sub-paragraph (f), insert—

“(g)

registering an assignation document in the Register of Assignationsf3 is specified in Part 8 of Schedule 1;

(h)

registering a constitutive document or an amendment document in the Register of Statutory Pledgesf4 is specified in Part 9 of Schedule 1; and

(i)

correcting an entry in the Register of Statutory Pledges statutory pledges record is specified in Part 9 of Schedule 1.”.

(4)

Schedule 1 is amended in accordance with paragraphs (5) and (6).

(5)

In the table of fees in Part 7 (fees for access to a register under the management and control of the Keeper and information made available by the Keeper)f5—

(a)

in the entry for the Land Register and Register of Sasines, for “postage” substitute “postcode”,

(b)

in the entry for the Register of Inhibitions, Register of Judgements, Register of Deeds and Register of Protests, for “£35” substitute “£25”,

(c)

after the last entry for the Register of Community Interests in Land, insert—

“

Register of AssignationsExtract of—£35 plus VAT-

Entry in the Register of Assignations assignations record

Part of entry in the Register of Assignations assignations record

Entry in the Register of Assignations archive record

Part of entry in the Register of Assignations archive record

Document in the Register of Assignations archive record

Part of document in the Register of Assignations archive record

Register of AssignationsPlain copy of—£25 plus VAT-

Entry in the Register of Assignations assignations record

Part of entry in the Register of Assignations assignations record

Entry in the Register of Assignations archive record

Part of entry in the Register of Assignations archive record

Document in the Register of Assignations archive record

Part of document in the Register of Assignations archive record

Register of Statutory PledgesExtract of—£35 plus VAT-

Entry in the Register of Statutory Pledges statutory pledges record

Part of entry in the Register of Statutory Pledges statutory pledges record

Entry in the Register of Statutory Pledges archive record

Part of entry in the Register of Statutory Pledges archive record

Document in the Register of Statutory Pledges archive record

Part of document in the Register of Statutory Pledges archive record

Register of Statutory PledgesPlain copy of—£25 plus VAT-

Entry in the Register of Statutory Pledges statutory pledges record

Part of entry in the Register of Statutory Pledges statutory pledges record

Entry in the Register of Statutory Pledges archive record

Part of entry in the Register of Statutory Pledges archive record

Document in the Register of Statutory Pledges archive record

Part document in the Register of Statutory Pledges archive record

”.

(6)

After Part 7, insert—

“PART 8

Register of Assignations

Article 3(g)

Registration Fees

11.
(1)

Where an application for registration of an assignation document is made under section 23(1) (application for registration) of the 2023 Act, the fee is £30.

(2)

Where an assignation document mentioned in sub-paragraph (1) assigns different claims to different assignees, the fee is £30 for each claim for which registration is applied.

PART 9

Register of Statutory Pledges

Article 3(h) and (i)

Registration Fees

12.
(1)

Where an application for registration of a constitutive document is made under section 86(1) (application for registration of statutory pledge) of the 2023 Act, the fee is £30.

(2)

Where a constitutive document mentioned in sub-paragraph (1) creates more than one statutory pledge, the fee is £5 for each additional statutory pledge for which registration is applied.

(3)

Where an application for registration of an amendment document is made under section 88(1) (application for registration of amendment) of the 2023 Act, the fee is £30 for each statutory pledge record entry amended.

Correction Fees

13.
(1)

Where an application for correction of an entry in the statutory pledges record is made under section 96(1) (application by secured creditor for correction of statutory pledges record) of the 2023 Act, the fee is £10 for each entry corrected.

(2)

Where an application for correction of an entry in the statutory pledges record is made under section 98(6) (demand that application for correction be made under section 96), the fee is £10 for each entry corrected.

(3)

Where an application for registration of an amendment document as mentioned in paragraph 12(3) is made that also corrects the statutory pledges record in terms of section 96(1) of the 2023 Act, no additional correction fee is payable.”.

3Amendment of the Registers of Scotland (Information and Access) Order 2014

(1)

The Registers of Scotland (Information and Access) Order 2014f1 is amended as follows.

(2)

In article 2(1) (information made available by the Keeper), after sub-paragraph (i) insert—

“(j)

of, or any part of, an entry or document in the Register of Assignations;

(k)

of, or any part of, an entry or document in the Register of Statutory Pledges.”.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order amends both the Registers of Scotland (Fees) Order 2014 (“the Fees Order”) and the Registers of Scotland (Information and Access) Order 2014 (“the Information Order”) to provide for:

  • the fees payable in relation to registration, correction, providing access to and information from the Register of Assignations and the Register of Statutory Pledges, both created by the Moveable Transactions (Scotland) Act 2023; and

  • information to be made available by the Keeper of the Registers of Scotland (“the Keeper”) in relation to the Register of Assignations and the Register of Statutory Pledges.

Article 2 amends the Fees Order by:

  • extending the list in article 3 to provide for the fees payable in relation to registration in the Register of Assignations & registration and correction in the Register of Statutory Pledges;

  • extending the table of fees in Part 7 of schedule 1 to provide for the fees payable for plain copies and extracts of information in either the Register of Assignations or the Register of Statutory Pledges and also to correct two minor typographical errors in S.S.I. 2021/139;

  • amending schedule 1 by inserting two new Parts. Part 8 details the fees payable in relation to registration in the Register of Assignations. Part 9 details the fees payable in relation to registration and correction in the Register of Statutory Pledges.

Article 3 amends the Information Order to provide for the application and issue by the Keeper of plain copies of information in the Register of Assignations or the Register of Statutory Pledges.