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The Fees in the Registers of Scotland Order 1995

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Heritable securities

B.  In respect of the recording of a heritable security, including the constitution, transfer, postponement, corroboration or extinction of a security (but excluding a ground annual created by bilateral deed), the fee to be charged shall be calculated as follows:—

(a)on the amount of the heritable security or securities created, transferred, postponed, corroborated or discharged; or

(b)where there is any combination of transfer, postponement, corroboration and discharge of a heritable security or securities, on the amount of the security or securities affected by such combination;

and shall be at the rates shown in Table B of Part IV of this Schedule subject to the provisions of Part III of this Schedule and to the following provisions:—

(i)where a heritable security secures a yearly or periodical payment, the amount of the security shall be the capitalised amount of the payment, calculated at 10 years' purchase;

(ii)where a heritable security accompanies a conveyance to the granter of the security of the subjects over which the security is constituted, a fixed fee for the recording of the security will be charged;

(iii)where a discharge and deed of restriction is recorded, the fee will be charged on the amount of the discharge;

(iv)where a deed of restriction is recorded, a fixed fee will be charged;

(v)where a variation of heritable security is recorded a fixed fee will be charged, except where the amount secured by the heritable security is increased, in which case the fee will be charged on the amount of the increase.

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