LegalizeFees in the Department of the Registers of Scotland (Amendment) Order 1990
Made: 5th June 1990
Coming into force: 4th July 1990
The Secretary of State, in exercise of the powers conferred on him by section 25 of the Land Registers (Scotland) Act 1868[^f00001] and of all other powers enabling him in that behalf and with the consent of the Treasury, hereby makes the following Order:
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.
2
For the Table of Fees in the Schedule to the Fees in the Department of the Registers of Scotland Order 1981[^f00002] there shall be substituted the Table of Fees set out in the Schedule to these Regulations.
SCHEDULE — TABLE OF FEES IN THE DEPARTMENT OF THE REGISTERS OF SCOTLAND
PART I — LAND REGISTER OF SCOTLAND
1. REGISTRATION FEES
Interests in land other than heritable securities
A
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.
| Consideration or value | Fee | Consideration or value | Fee | ||
|---|---|---|---|---|---|
| £ | £ | £ | £ | ||
| 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. | 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. | 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. | 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. | 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. | 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. |
| does not exceed | 10,000 | 22.00 | does not exceed | 135,000 | 297.00 |
| ,, ,, | 15,000 | 33.00 | ,, ,, | 140,000 | 308.00 |
| ,, ,, | 20,000 | 44.00 | ,, ,, | 145,000 | 319.00 |
| ,, ,, | 25,000 | 55.00 | ,, ,, | 150,000 | 330.00 |
| ,, ,, | 30,000 | 66.00 | ,, ,, | 155,000 | 341.00 |
| ,, ,, | 35,000 | 77.00 | ,, ,, | 160,000 | 352.00 |
| ,, ,, | 40,000 | 88.00 | ,, ,, | 165,000 | 363.00 |
| ,, ,, | 45,000 | 99.00 | ,, ,, | 170,000 | 374.00 |
| ,, ,, | 50,000 | 110.00 | ,, ,, | 175,000 | 385.00 |
| ,, ,, | 55,000 | 121.00 | ,, ,, | 180,000 | 396.00 |
| ,, ,, | 60,000 | 132.00 | ,, ,, | 185,000 | 407.00 |
| ,, ,, | 65,000 | 143.00 | ,, ,, | 190,000 | 418.00 |
| ,, ,, | 70,000 | 154.00 | ,, ,, | 195,000 | 429.00 |
| ,, ,, | 75,000 | 165.00 | ,, ,, | 200,000 | 440.00 |
| ,, ,, | 80,000 | 176.00 | ,, ,, | 205,000 | 451.00 |
| ,, ,, | 85,000 | 187.00 | ,, ,, | 210,000 | 462.00 |
| ,, ,, | 90,000 | 198.00 | ,, ,, | 215,000 | 473.00 |
| ,, ,, | 95,000 | 209.00 | ,, ,, | 220,000 | 484.00 |
| ,, ,, | 100,000 | 220.00 | ,, ,, | 225,000 | 495.00 |
| ,, ,, | 105,000 | 231.00 | ,, ,, | 230,000 | 506.00 |
| ,, ,, | 110,000 | 242.00 | ,, ,, | 235,000 | 517.00 |
| ,, ,, | 115,000 | 253.00 | ,, ,, | 240,000 | 528.00 |
| ,, ,, | 120,000 | 264.00 | ,, ,, | 245,000 | 539.00 |
| ,, ,, | 125,000 | 275.00 | ,, ,, | 250,000 | 550.00 |
| ,, ,, | 130,000 | 286.00 | exceeds | 250,000 | 550.00 |
Heritable securities
B
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.
| Amount | Fee | Amount | Fee | ||
|---|---|---|---|---|---|
| £ | £ | £ | £ | ||
| 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. | 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. | 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. | 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. | 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. | 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. |
| does not exceed | 20,000 | 22.00 | does not exceed | 140,000 | 154.00 |
| ,, ,, | 30,000 | 33.00 | ,, ,, | 150,000 | 165.00 |
| ,, ,, | 40,000 | 44.00 | ,, ,, | 160,000 | 176.00 |
| ,, ,, | 50,000 | 55.00 | ,, ,, | 170,000 | 187.00 |
| ,, ,, | 60,000 | 66.00 | ,, ,, | 180,000 | 198.00 |
| ,, ,, | 70,000 | 77.00 | ,, ,, | 190,000 | 209.00 |
| ,, ,, | 80,000 | 88.00 | ,, ,, | 200,000 | 220.00 |
| ,, ,, | 90,000 | 99.00 | ,, ,, | 210,000 | 231.00 |
| ,, ,, | 100,000 | 110.00 | ,, ,, | 220,000 | 242.00 |
| ,, ,, | 110,000 | 121.00 | ,, ,, | 230,000 | 253.00 |
| ,, ,, | 120,000 | 132.00 | ,, ,, | 240,000 | 264.00 |
| ,, ,, | 130,000 | 143.00 | ,, ,, | 250,000 | 275.00 |
| exceeds | 250,000 | 275.00 |
Miscellaneous transactions and events
C
Registration of miscellaneous transactions and events not coming under head A or B above:–
| (1) | Notice of Payment of Grant | £22.00 |
|---|---|---|
| (2) | Receipt registered in terms of the Industrial and Provident Societies Act 1965 (c. 12) | £ 0.25 |
| (3) | Discharge of feu duty, ground annual or other yearly or periodical sum or Receipt for Redemption thereof | £22.00 |
| Note: If any such Discharge or Receipt is endorsed on or annexed to a relevant conveyance, no separate fee will be charged. | ||
| (4) | All other miscellaneous transactions and events | £22.00 |
2. REPORTS
When application is made
| (a) | on Form 10 for a Report or on Form 11 for continuation of Report prior to Registration | £15.00 |
|---|---|---|
| (b) | on Form 12 for a Report or on Form 13 for continuation of Report over Registered Subjects | £15.00 |
| (c) | on Form 14 for a Report to ascertain whether or not Subjects have been registered | £15.00 |
3. MISCELLANEOUS SERVICES
When application is made
| (a) | on Form 5 for Noting of Overriding Interest or for entry of Other Information on the Register | £ 5.00 |
|---|---|---|
| (b) | on Form 8 for Certificate of Title to be made to correspond with Title Sheet | £20.00 |
| (c) | on Form 9 for Rectification of Register | No fee |
| (d) | for comparison of a bounding description with the Ordnance Map | £15.00 |
| (e) | for comparison of the boundaries on the Certificate Plan with the Ordnance Map | £15.00 |
| (f) | for exhibition of a Title Sheet | £ 5.00 |
| (g) | for checking the boundaries of adjoining properties | £15.00 |
PART II — GENERAL REGISTER OF SASINES
1. RECORDING FEES
Conveyances
Securities
Miscellaneous writs
2. SEARCHING FEES
For every Search for Incumbrances over subjects in one county included in one Search:–
| Notes The above fees include writing fees. When a Search is required in respect of subjects situated in more than one country, half fees at the above rate will be charged for each additional county to which the Search applies. | Notes The above fees include writing fees. When a Search is required in respect of subjects situated in more than one country, half fees at the above rate will be charged for each additional county to which the Search applies. |
|---|---|
| £ | |
| For any period not exceeding 5 years | 6.00 |
| from 6 to 10 years | 7.00 |
| ,, 11 to 15 ,, | 8.00 |
| ,, 16 to 20 ,, | 10.00 |
| ,, 21 to 25 ,, | 12.00 |
| ,, 26 to 30 ,, | 14.00 |
| ,, 31 to 35 ,, | 16.00 |
| ,, 36 to 40 ,, | 18.00 |
| In any Search for a period exceeding 40 years a fee of £0.55 will be charged for each year or part of a year beyond 40 years. | In any Search for a period exceeding 40 years a fee of £0.55 will be charged for each year or part of a year beyond 40 years. |
| £ | |
| --- | --- |
| Interim Report prior to completion of Search | 3.00 |
| Note There is no charge for notes made by the party searching the Search Sheets | Note There is no charge for notes made by the party searching the Search Sheets |
| --- | --- |
| £ | |
| For searching of any Search Sheet affecting one property | 5.00 |
PART III — GENERAL REGISTER OR HORNINGS
| £ | |
|---|---|
| Registration fee | 4.30 |
PART IV — REGISTER OF INHIBITIONS AND ADJUDICATIONS
| £ | |
|---|---|
| For a document of one page | 2.50 |
| For each additional page | 0.55 |
| Note The above fee includes writing fees. | Note The above fee includes writing fees. |
| --- | --- |
| For any period | 5.00 |
PART V — REGISTER OF ENTAILS
| £ | |
|---|---|
| Registration fee | 7.00 |
PART VI — REGISTER OF DEEDS &C., REGISTER OF PROTESTS AND REGISTER OF JUDGMENTS
| £ | ||
|---|---|---|
| 1. | Deeds and Certificates of Judgments under the Civil Jurisdiction and Judgments Act 1982 (c. 27) | |
| For a document of one page | 3.70 | |
| For each additional page | 0.75 | |
| 2. | Protest of a Bill or Promissory Note | 2.90 |
PART VII — REGISTER OF SERVICE OF HEIRS
| Note “Page” in the Register of Service of Heirs means a page of Record Volume. | Note “Page” in the Register of Service of Heirs means a page of Record Volume. |
|---|---|
| £ | |
| Decrees of Service | |
| For each page of Extract or part thereof | 2.20 |
PART VIII — REGISTER OF THE GREAT SEAL
| £ | |
|---|---|
| For a Charter of Incorporation | 133.00 |
| For a Charter of Novodamus or other Crown Grant of land | 21.00 |
| For a Commission | 131.00 |
PART IX — REGISTER OF THE CACHET SEAL
| £ | |
|---|---|
| For each impression | 0.75 |
PART X — REGISTER OF THE PRINCES SEAL
| £ | |
|---|---|
| For a Charter of Novodamus or other grant of land by the Prince and Steward of Scotland | 23.00 |
PART XI — REGISTER OF THE QUARTER SEAL
| £ | |
|---|---|
| For each Gift of Ultimus Haeres | 16.80 |
PART XII — PRECEPT RECORD (CROWN) AND PRECEPT RECORD (PRINCE AND STEWARD OF SCOTLAND)
| £ | |
|---|---|
| For each Writ of Clare Constat or other Grant | 23.00 |
PART XIII — FEES APPLICABLE TO ALL REGISTERS (EXCEPT THE LAND REGISTER OF SCOTLAND)
| Note Where fees have been paid to the Scottish Record Office for the inspection of minute books and indexes of the Register of Sasines, Register of Inhibitions and Adjudications or other public registers, no fee will be charged by the Department of the Registers of Scotland in respect of a continuation thereof to date. | Note Where fees have been paid to the Scottish Record Office for the inspection of minute books and indexes of the Register of Sasines, Register of Inhibitions and Adjudications or other public registers, no fee will be charged by the Department of the Registers of Scotland in respect of a continuation thereof to date. |
|---|---|
| £ | |
| For the inspection of each index and volume (except the Search Sheet), document or process | 4.00 |
PART XIV — FEES APPLICABLE TO ALL REGISTERS
| Notes Copying and authentication fees are included in the registration fees in Parts VI and VII of this Schedule. The handling charge is remitted for orders placed at the time of registration. | Notes Copying and authentication fees are included in the registration fees in Parts VI and VII of this Schedule. The handling charge is remitted for orders placed at the time of registration. | Notes Copying and authentication fees are included in the registration fees in Parts VI and VII of this Schedule. The handling charge is remitted for orders placed at the time of registration. |
|---|---|---|
| £ | ||
| 1. | For an official extract, certified copy, plain copy or duplicate | 0.30 per sheet |
| 2. | For an office copy, within the meaning of section 6(5) of the Land Registration (Scotland) Act 1979, of a Title Sheet (or part thereof other than the plan) or any document referred to therein | 0.30 per sheet |
| 3. | For a plan (A4 size) | 0.65 |
| For a plan (larger than A4 size) | A fee being the value of the work and materials involved. | |
| 4. | Authentication | |
| For each official extract, certified copy, duplicate or office copy | 2.50 | |
| 5. | Handling charge for second and subsequent extracts and for copies | 3.00 |
| £ | ||
| --- | --- | --- |
| 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 transmissions or exhibitions | 3.50 |
| 2. | For attendance by an officer of the Department at any court to produce a record in evidence, for each day or part of a day, in addition to travelling expenses | 42.00 |
| 3. | For each Certificate issued under the Civil Jurisdiction and Judgments Act 1982 (c. 27) | 2.60 |
| 4. | For each Certificate of Custody that a deed is retained for permanent preservation | 2.60 |
| 5. | For any service not specifically listed above | A fee being the value of the work and materials involved. |
Signed
James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 23rd May 1990
We consent,
John Taylor — Kenneth Carlisle — Two of the Lords Commissioners of Her Majesty’s Treasury — 5th June 1990
Explanatory note
(This note is not part of the Order)
This Order increases certain of the fees payable for the registration or recording of deeds in the registers under the management and control of the Keeper of the Registers of Scotland and will result in an average increase of 10% overall.
Footnotes
[^f00001]: 1868 c. 64; section 25 was substituted by section 23 of the Land Registration (Scotland) Act 1979 (c. 33).
[^f00002]: S.I. 1981/42.
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