The Fees in the Registers of Scotland Order 1991
This Order sets out new fees for services provided by the Registers of Scotland Executive Agency. The Order, which revokes the previous Fee Orders of 1981 and 1990, consolidates the provisions of those Orders, introduces certain new services and charges, streamlines some earlier provisions and increases some fees to take account of inflation and the actual costs of provision of services.The main changes are as follows:–revised bandings with appropriate fees have been introduced in relation to values exceeding £200,000 in both Table A and Table B fees. The value bands have also been extended to reflect the general increase in property prices with the top band now being £1,000,000 or over in place of the previous £250,000 or over. The maximum fees have been increased to £1,000 in place of the previous £550 for Table A and £500 in place of the previous £275 for Table B (Part XI); andrevised capitalisation arrangements for transactions with considerations including or consisting of periodical payments (Part I, 1 and Part II, 1);other changes and new services introduced are as follows:–a fee of £5 has been introduced for the new service provided of verbal and/or facsimile reports from the Land Register (Part I, 2);the fees exigible in respect of multiple deeds arising from a single transaction have been regularised. Detailed provisions have been incorporated in Part III of the Order relating to both Sasine and Land Registration transactions;fees of £3.50 and £1 respectively have been introduced for new services of colour copy plans and duplicate microfiches (Part X);a fee of £25 has been specified for the postal enquiries service (Part X);fees for a number of specific and rarely, if ever, used registration services have been dropped. In view of the difficulty in setting specified and realistic fees for such services, they will now be charged on the basis of the value of the work and materials involved. These relate to:–General Register of HorningsRegister of EntailsPrecept RecordsRegister of the Prince’s Seal; andwhere a deed has to be both recorded in the Sasine Register and registered in the Land Register a fee will now be charged for both Registers;a number of fees are increased to take account of inflation. These are:–fees for Form 10 and 12 Reports in the Land Register have been increased from £15 to £16.50 in each case. (Part I, 2); andfees for Forms P16 and P17 Reports (applications for checking boundaries) have been increased from £15 to £16.50 in each case. (Part I, 3); anda number of fees for services have been altered to take account of the actual costs of the work involved. These include:–fees for Form 11 and 13 Reports have been reduced from £15 to £10.00 (Part I, 2);a fixed fee of £22 has been introduced in respect of Miscellaneous Services in the Land Register namely applications on Form 5 (previously £5), Form 8 (previously £20), Form 9 and for cancellation of an application for registration for which no charge was previously levied (Part I, 3);the bands for Searching Fees have been simplified and fees increased by an average of 60% (Part II, 2);the fee for provision of interim reports has been increased from £3 to £5 (Part II, 2);the fee for writs recorded by Memorandum in the Register of Sasines has been increased from £2 to £11 (Part II, 1c);a flat rate fee of £7 has been introduced for registration in the Register of Inhibitions and Adjudications in place of the previous fee based on the number of pages involved. This is to reflect the fact that most writs for this Register are of limited size (Part IV);fees for registration in the Register of Deeds etc, Register of Protests and Register of Judgments have been increased to £5 from £3.70 in the case of registration of deeds and Certificates of Judgments and from £2.90 in the case of Protests of Bills or Promissory Notes. The fee of 75 pence per page takes account of the significant variation in the lengths of such deeds (Part V);the fee for registration of Decree of Service of Heirs has been increased from £2.20 to £22 (Part VI);the fee for a Charter of Incorporation has been increased from £133 to £170; the fee for a Charter of Novodamus or other Crown Grant of land has been increased from £21 to £22; the fee for a Commission under the Great Seal has been increased from £131 to £370 (Part VII);the fee for each impression of the Cachet Seal has been increased from £0.75 to £6.00 (Part VIII);the fee for each gift of Ultimus Haeres registered in the Register of the Quarter Seal has been increased from £16.80 to £22.00 (Part IX); andthe fees for certain inspection, copying and other services applicable to all Registers have been increased as follows:–from £4.00 to £5.00 for the inspection of indexes and volumes (now in line with the other Inspection Fees);from £0.65 to £1.00 for a copy black and white plan;from £3.50 to £7.50 for a record transmitted to a court;from £42 to £100 for attendance by one of the Keeper’s staff in court for each day or part of a day; andfrom £2.60 to £4.00 for a Certificate issued under the Civil Jurisdiction and Judgments Act 1982 and for a Certificate of Custody(Part X).