The Land Register of Scotland (Automated Registration) etc. Regulations 2014
| Jurisdiction | Scotland |
| Citation | SSI 2014/347 |
| Year | 2014 |
2014No. 347
LAND REGISTRATION
The Land Register of Scotland (Automated Registration) etc. Regulations 2014
2ndDecember2014
8thDecember2014
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 99(3), 100 and 115(1)(c) of the Land Registration etc. (Scotland) Act 2012( 1) ("the Land Registration Act"), sections 9E(1)(b) and 9G(3) and (5)(a) of the Requirements of Writing (Scotland) Act 1995( 2) ("the Requirements of Writing Act") and all other powers enabling them to do so.
In accordance with section 99(4) of the Land Registration Act, they have consulted the Keeper of the Registers of Scotland ("the Keeper").
In accordance with section 100(4) of the Land Registration Act and section 9G(4) of the Requirements of Writing Act( 3), they have consulted the Keeper, the Keeper of the Records of Scotland and the Lord President of the Court of Session.
In accordance with section 116(3)(j) of the Land Registration Act and section 9E(4)(a) of the Requirements of Writing Act, a draft of the Regulations has been laid before and approved by resolution of the Scottish Parliament( 4).
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Land Register of Scotland (Automated Registration) etc. Regulations 2014 and come into force on 8th December 2014.
(2) In these Regulations-
"ARTL system" means the computer system managed and controlled by the Keeper to facilitate the creation of electronic documents and the electronic generation and communication of an application for registration of a deed relating to a registered plot in the Land Register of Scotland and automated registration of that deed in accordance with section 99(1) of the Land Registration etc. (Scotland) Act 2012;
"authorised deed" means a deed which complies with regulation 2;
"authorised person" means a person granted authorisation by the Keeper under regulation 3 to use the ARTL system;
"ARTL document" means a document created as an electronic communication within the ARTL system;
"local registration authority" means a person appointed by the authorised person under regulation 4(1); and
"user" means an individual who is authorised by a local registration authority to use the ARTL system.
(3) In these Regulations, a reference to a document being in writing includes an electronic communication within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000( 5), which has been recorded and is consequently capable of being reproduced.
Deeds to be used in the ARTL system
2. (1) The deeds mentioned in paragraph (2) are authorised to be created as an ARTL document where they relate to the whole of a registered plot of land.
(2) The deeds are-
(a) a disposition;(b) an assignation of a lease;(c) a standard security;(d) a discharge of a standard security;(e) an assignation of a standard security;(f) a Notice of Payment of Grant (under the Housing (Scotland) Act 2006( 6) ("the 2006 Act");(g) a Charging Order( 7);(h) a discharge of a Charging Order;(i) a Notice of Cessor of Conditions of Improvement Grant (under the 2006 Act);(j) a Notice of Cessor of Conditions of Repair Grant (under the 2006 Act); and(k) a repayment charge.Authorisation to use the ARTL system
3. (1) Any firm of solicitors (including a sole practitioner or partnership), firm of licensed conveyancers, commercial lender (within the meaning of section 75(5) of the Housing (Scotland) Act 2006), local authority or other person may apply to the Keeper for authorisation to use the ARTL system.
(2) The Keeper must consider an application for authorisation and must either grant or refuse to grant authorisation within 28 days beginning on the date of receipt of the application and must notify the applicant of the decision.
(3) If the Keeper refuses to grant authorisation, the Keeper must, when notifying the applicant, provide reasons for the refusal.
(4) The authorisation under paragraph (2) must be in writing and subject to the conditions set out in regulation 4.
Duties of authorised persons
4. (1) An authorised person must appoint a member of its staff to be the local registration authority.
(2) The local registration authority must, before any other members of staff of the authorised person may use the ARTL system-
(a) have an identity verification meeting with a member of staff of the Keeper; and(b) authorise those other members of staff of the authorised person to be users.(3) Prior to using the ARTL system, the authorised person, local registration authority and each user must submit to the Keeper agreement to the terms and conditions of use of that system by completing the appropriate box on the ARTL system.
(4) Those terms and conditions are those in respect of the authorised person which the Keeper acting reasonably considers appropriate, which have been notified to the authorised person, local registration authority or user from time to time to protect the security, integrity or stability of the ARTL system.
(5) A person may not be a local registration authority or user if that person-
(a) has a conviction for fraud; or(b) is a disqualified person.(6) In paragraph (5)(b) a disqualified person means-
(a) in the case of a solicitor, a person who is-(i) disqualified from practising as a solicitor by reason of the fact that his or her name has been struck off the roll of solicitors; or(ii) suspended from practising as a solicitor,by the Law Society of Scotland or the Scottish Solicitors' Discipline Tribunal;
(b) in the case of a registered foreign lawyer, a person-(i) whose name has been removed from the register of foreign lawyers by the Scottish Solicitors' Discipline Tribunal; or(ii) whose certificate of registration as a registered foreign lawyer has been suspended in accordance with section 24F of the Solicitors (Scotland) Act 1980( 8); or (c) in the case of a registered European lawyer, a person-(i) whose name has been removed from the register of European lawyers by the Scottish Solicitors' Discipline Tribunal; or(ii) whose certificate of registration as a registered European lawyer has been suspended in accordance with section 24F of the Solicitors (Scotland) Act 1980.Suspension or revocation of authorisation under regulation 3
5. (1) The Keeper may at any time suspend or revoke an authorisation under regulation 3.
(2) The powers referred to in paragraph (1) may be exercised-
(a) on a contravention of a condition of these Regulations; or(b) where any information provided by the authorised person or local registration authority is false.(3) Where any of the powers referred to in paragraph (1) is exercised the Keeper must-
(a) notify the authorised person in writing of the suspension or revocation; and(b) revoke the authorised person's digital certificate.(4) In this regulation-
"digital certificate" has the meaning given in the Electronic Documents (Scotland) Regulations 2014( 9).
Appeals
6. (1) A person who has had an application for authorisation under regulation 3 refused, or an authorisation under regulation 5 suspended or revoked by the Keeper may appeal to the Scottish Ministers against the decision of the Keeper.
(2) On determining an appeal against a decision of the Keeper, the Scottish Ministers may-
(a) affirm the decision;(b) if the decision was a refusal to grant an authorisation, direct the Keeper to grant the authorisation;(c) if the decision was a suspension of an authorisation, direct the Keeper to remove the suspension; or(d) if the decision was a...To continue reading
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