The Registers of Scotland (Digital Registration, etc.) Regulations 2018

Digital registration system - authorisation of deeds and persons

5.—(1) The Automated Registration Regulations are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) omit the definition of “ARTL system”;

(b) in the definition of “authorised person” for “ARTL” substitute “digital registration”;

(c) in the definition of “ARTL document” for “ARTL” both times it occurs substitute “digital registration”;

(d) after the definition of “digital registration document” (so substituted) insert—

““digital registration system” means a computer system managed and controlled by the Keeper in accordance with section 99(1) of the Land Registration etc. (Scotland) Act 2012;”;

(e) omit the definition of “local registration authority”; and

(f) in the definition of “user”, for “a local registration authority to use the ARTL system” substitute “an authorised person to use the digital registration system on behalf of that person”.

(3) In the title to regulation 2 (deeds to be used in the ARTL system) for “ARTL” substitute “digital registration”.

(4) In regulation 2(1) for “an ARTL document” substitute “a digital registration document”.

(5) After regulation 2(2) insert—

“(3) The deeds mentioned in paragraph (2) relating to part of a registered plot of land or any other kinds of deeds are authorised to be created as a digital registration document where their use in the digital registration system has been published on the Keeper’s website.

(4) Before publishing such deeds or kinds of deed for use, the Keeper must—

(a) consult the Scottish Ministers about that authorisation; and

(b) state the date on which that authorisation comes into effect.”.

(6) In the title to regulation 3 (authorisation to use the ARTL system) for “ARTL” substitute “digital registration”.

(7) In regulation 3(1), for “ARTL” substitute “digital registration”.

(8) In regulation 4 (duties of persons authorised to use the ARTL system)—

(a) omit paragraphs (1) and (2);

(b) in paragraph (3)—

(i) for “ARTL”, both times it occurs, substitute “digital registration”; and

(ii) omit “, local registration authority”; and

(c) in paragraph (4)—

(i) omit “, local registration authority”;

(ii) for “ARTL” substitute “digital registration”; and

(iii) at the end, insert “(including terms and conditions as to the insolvency or inactivity of any person or user)”; and

(d) in paragraph (5) for “a local registration authority” substitute “an authorised person”.

(9) In regulation 5 (suspension or revocation of authorisation)—

(a) in paragraph (2)(a)—

(i) omit “a condition of”; and

(ii) at the end, insert “or a material breach of terms and conditions imposed under regulation 4”;

(b) in paragraph (2)(b) omit “or local registration authority”; and

(c) at the beginning of paragraph (3)(b) insert “in the case of any current digital certificate issued by the Keeper,”.

(10) Regulation 7 (application procedure for registering authorised deed) is revoked.

(11) In schedule 1 (appeals), after paragraph 1, insert—

“1A.   Where the notice of the appeal of a suspension or revocation of an authorisation so requests, the Scottish Ministers may determine whether to reinstate the authorisation pending determination of the appeal.”.

(12) Schedule 2 (ARTL document application form) is revoked.