Article 2 Amendment of the Registers of Scotland (Fees) Order 2014
The Registers of Scotland (Fees) Order 2014f1 is amended as follows.
In article 2(1) (interpretation), after the definition of “the 2003 Act”, insert—
““the 2023 Act” means the Moveable Transactions (Scotland) Act 2023f2;”.
In article 3 (fees)—
at the end of sub-paragraph (e) omit “and”,
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.”.
Schedule 1 is amended in accordance with paragraphs (5) and (6).
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—
in the entry for the Land Register and Register of Sasines, for “postage” substitute “postcode”,
in the entry for the Register of Inhibitions, Register of Judgements, Register of Deeds and Register of Protests, for “£35” substitute “£25”,
after the last entry for the Register of Community Interests in Land, insert—
“
Register of Assignations Extract 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 Assignations Plain 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 Pledges Extract 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 Pledges Plain 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
”.
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.”.
Annotations
Footnotes
- f1
-
S.S.I. 2014/188, amended by S.S.I. 2014/346, S.S.I. 2015/265 and S.S.I. 2021/139.
- f2
- f3
-
The Register of Assignations was established by section 19 of the Moveable Transactions (Scotland) Act 2023 (“the 2023 Act”) and is comprised of the assignations record and the archive record in terms of section 20 of that Act. “Assignation document” has the meaning given by section 1(1) of the 2023 Act.
- f4
-
The Register of Statutory Pledges was established by section 81 of the 2023 Act and is comprised of the statutory pledges record and the archive record in terms of section 82 of that Act. “Constitutive document” and “amendment document” are to be construed in accordance with sections 45 and 113(1) of the 2023 Act respectively.
- f5
-
The table was substituted by S.S.I. 2021/139.