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The Registers of Scotland (Digital Registration, etc.) Regulations 2022

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Registers of Scotland (Digital Registration, etc.) Regulations 2022 No. 65

Submission of digital copy traditional documents in the Register of Sasines

This section has no associated Policy Notes

3.  At the end of rule 4 of the Register of Sasines (Application Procedure) Rules 2004(1) (signing of application for recording), insert—

(3) An application must be sent in electronic form using a computer system under the Keeper’s management and control 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;

(b)the applicant has no computer facilities with access to the internet; or

(c)the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so.

(4) In particular, paragraph (3)(c) is met—

(a)if the applicant is a natural person who granted the deed, or to whom the deed is granted; 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 person.

(5) Where an application must be sent in electronic form, the deed must be—

(a)a copy of a writ which is a traditional document submitted under section 6A of the Land Registers (Scotland) Act 1868(2), or

(b)an electronic document(3)..

(2)

Section 6A was inserted by S.S.I. 2018/72.

(3)

See regulation 6(2) of S.S.I. 2014/83.

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