Regulation 3 Procedure for application for an advance noticeI1

Scotland

(1)

F1Subject to paragraph (3), an application for an advance notice relating to F2... 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; F3...

(b)

the applicant—

(i)

has no computer facilities with access to the internet; F4...

(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5; or

(c)

the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so;

F6(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.

F7(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.

Annotations

Textual amendments

F1: Words in reg. 3(1) substituted (12.3.2018) by The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(2)(a)
F2: Words in reg. 3(1) omitted (12.3.2018) by virtue of The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(2)(b)
F3: Word in reg. 3(1) omitted (12.3.2018) by virtue of The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(2)(c)
F4: Reg. 3(1)(b)(ii) and word omitted (12.3.2018) by virtue of The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(2)(d)
F5: Reg. 3(1)(c) and word inserted (12.3.2018) by The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(2)(e)
F6: Reg. 3(1A) inserted (12.3.2018) by The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(2)(f)
F7: Reg. 3(3)-(5) substituted for reg. 3(3) (12.3.2018) by The Registers of Scotland (Digital Registration, etc.) Regulations 2018 (S.S.I. 2018/72), regs. 1(1), 2(3)

Commencement

I1: Reg. 3 in force at 8.12.2014, see reg. 1(1)