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Amendment of the Fees in the Registers of Scotland Order 1995

6.  In Part II of the Schedule (General Register of Sasines) in section 1 (recording fees)–

(a)for paragraph A (conveyances) substitute–

Conveyances

A.(1) Where the recording of a deed or document to which paragraph (3) applies is made, the fee will, subject to paragraphs (4) to (6), be calculated on the amount of the consideration or value, whichever is the greater, of the heritable subjects transferred, passing or to which the recording relates.

(2) Subject to paragraph (7) and Part III of this Schedule, the fee will be at the rates shown in Table A in Part IV of this Schedule.

(3) This paragraph applies to the recording of–

(a)a conveyance, including absolute conveyance, voluntary or judicial, either for a consideration or as a gift or in implement of trust or other purpose;

(b)a long lease;

(c)completion of title by decree or by notice of title; and

(d)all other deeds transferring an absolute right to heritable subjects.

(4) Where the consideration consists of a yearly or periodical payment, the consideration will be calculated at 10 years' purchase.

(5) Where the application is to record the grant of a long lease the fee will be calculated on the consideration (if any) provided for the grant plus ten times the relevant rent.

(6) Where an assignation of a long lease is recorded, the fee will be calculated on the consideration (if any) provided for the assignation plus ten times the annual rent payable at the date an application for recording is made.

(7) Where application is made to record a notice of title–

(a)along with another deed granting a long lease or a servitude over the whole or any part of the same subjects,

(b)on behalf of a fire and rescue authority, joint fire and rescue board, local authority, police authority, valuation authority or the Scottish Children’s Reporter Administration, completing title as statutory successor of a previous authority,

(c)on behalf of a Health Board or Special Health Board, completing title as transferee in terms of an order made under section 2 of the National Health Service (Scotland) Act 1978,

£30..

(b)for paragraph B (heritable securities) substitute–

Heritable securities

B.  In respect of the recording of a heritable security, including the constitution, transfer, postponement, corroboration or extinction of a security, £30..

(c)in paragraph C (recording by memorandum) for “a fee equivalent to half of the fixed fee shall be charged for each memorandum” substitute “£30 for each memorandum”.