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Process steps

Additional Information

Examine case details

1.1 Click the CMS Next Assignment button for your application. The case will be at Intake Checks screen. 

1.2 Open the documents onscreen.

1.2.1 If you have a query about the validity of the deeds and believe the application should be rejected then follow the Rejection referral process.  

1.2.2 If you have a query about the deed type or if you are unsure about how to process the case then follow the Intake referral process.

1.2.3 If the case is a Complex Dealing deed type and it is not clear how to progress then follow the Complex Dealing (Cat B) referral process.

1.2.4 If the case appears to be a rescan of a previous case then add a Case Collaboration note and transfer it to the person who requested the rescan.

1.2.4.1 For example, if your case doesn't have an LRS application but there is an open LRS application over the same title which has the exact deed details that you require then search on CMS for the case that this application relates to and check if a re-scan has been requested.

1.3 Examine the case for any correspondence and consider appropriate action using Case Collaboration or Referral processes as necessary. 

Warning

If there is no application form or the registrable deed (deed inducing registration) is not submitted, then once the remaining relevant steps of initial examination are completed, the application must be rejected via the new Rejections process.

Tip
titleIncorporating Quality Data Points:

Examine the application form

1.4 Ensure that the application form(s) submitted:

  • match the information contained in the corresponding deeds. 
Tip

Legal Quality Checkpoint (LQC) 2 - Deed(s) and form(s)

1.5 Ensure that the form is correctly completed for the type of deed(s) submitted.

Application form errors - rejection policy

Warning

Major Discrepancies

If any discrepancies between the application form and the registrable deed are such that the application form does not appear to relate to the registrable deed, then once the other steps in initial examination are completed, the application must be referred for possible rejection.

Incorrect completion of form

If the form is not correctly completed for the registrable deed being submitted, or a question or questions are partially completed, then once the other steps in initial examination are completed, the application should be referred for possible rejection.

1.6 Identify if the application is affected by the Long Leases (Scotland) Act 2012. Check:

  • if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership.
  • if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012.
  • if the application is to register a disposition that relates to a title number in which the registered real right/interest is 'tenancy'.
  • if the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (this may also be indicated by examining the deed).

1.6.1 If affected by the Long Leases (Scotland) Act 2012, follow the Legal referral process once the LRS application has been created/settled.

Application Form Check

Examine live deeds 

1.7 Check the description of the subjects in the deed(s) makes reference to the correct Title Number affected.

Tip

LQC1

1.8 Examine each deed presented for registration to ensure that it is ex facie valid and execution is self-evidencing:

  • Parties to deed must be designed.
  • Deed must include operative words in present tense.
  • Where appropriate deed must conform closely to statutory style or have minimum content.
  • Subjects must be adequately described.
  • Disposition or other deed with granter and grantee must not be by A to A in same capacity.
  • Deed must be signed/executed appropriately.
  • Any annexations or schedules should be incorporated into the registrable deed.
Tip

LQC2

1.9 If the deed(s) creates new real burdens or servitudes, follow the Complex referrals process.

1.10 If the deed (or the application form) indicate that the applicant has died or has been dissolved prior to the date of application, and they are still listed on the form, follow the new Rejection referrals process.

1.11 If the applicant is a non-natural person (e.g. a company) check the following are included either in the registrable deed or in the information in the application form:

  • the legal system under which the proprietor is incorporated or otherwise established;
  • if the non-natural person is a company under the Companies Acts or a limited liability partnership, the company number allocated in terms of Companies Act.
Warning

Following referral, a case should be rejected if registrable deed does not meet requirements to be ex facie valid and execution self-evidencing or if the LBTT requirements have not been met or if applicant is a non-natural person and no legal system in deed or form has been identified, or if a company under Companies Acts or LLP has no allocated number in deed or form.

Warning

Referral of applications submitted by individuals

If an application has been submitted by a person who is not a Solicitor/Licensed Conveyancer, follow the Intake referral process so that the additional ID checks can be completed and the case can be referred on to the Legal Services Fraud officer if necessary.

Examine Title

1.12 CMS will notify you if there are existing open applications over the title and/or over the parent or grandparent title. Check the LRS title for the existing open applications, take note of the application details and follow the new process for grouping cases or for associating cases depending on the circumstances on CMS at the appropriate stage. 

1.13 CMS will check the import alpha codes on the application form and if it detects that an alpha code has been submitted previously then it will show the Review Representment screen.

1.13.1 The screen will show the details of the previously rejected case so that you can easily access the relevant deeds and supporting documents and there will be 3 options to pick from: Funds Available, Funds Not Available and Not Applicable.

1.13.2 To avoid charging the agent twice, the LRS application will NOT be auto-created.

1.13.2.1 Do NOT use an existing LRS application (even if it appears to match the details of your case).

1.13.3 Check that the details of the previous case are relevant to your case.

1.13.3.1 Sometimes CMS will show this screen after a form has failed to scan properly, in which case it will show a Case ID of "BF" plus numbers. 

1.13.3.1.1 If this happens, select Not Applicable and then continue to process the case as an ordinary INT type.

1.13.3.2 If the case appears to be a duplicate rather than a representment or does not appear to be related then follow the Rejection referral process.

1.13.3.2.1 Make sure you include the Case ID of the previous case in the referral note as the referral officers will not have access to this screen.

1.13.3.2.2 If the referral officer advises that the case is to be rejected, select the Not Applicable option and then Submit.

1.13.3.2.2.1 This will show the message "Proceed with intake checks".

1.13.3.2.2.2 Select the Reject action from the Actions menu and begin the rejection process as per the advice from referral officer.

1.13.3.2.3 If the referral officer advises that the case is valid but is not related to the previous case then select Not Applicable and the continue to process the case as an ordinary INT type.

1.13.4 Check the deeds to see if a rejection letter with UIDs has been submitted as a supporting document.

1.13.4.1 If it has not been submitted, click on the case ID of the previous case to find the rejection letter.

1.13.5 Check that the deeds have been corrected and are now valid. 

1.13.5.1 If they are still not valid then follow the Rejection referral process. 

1.13.5.1.1 Make sure you include the Case ID of the previous case in the referral note as the referral officers will not have access to this screen.

1.13.5.1.2 If the referral officer advises that the case is to be rejected, select the Not Applicable option and then Submit. 

1.13.5.1.2.1 This will show the message "Proceed with intake checks". 

1.13.5.1.2.2 Select the Reject action from the Actions menu and begin the rejection process as per the advice from referral officer.

1.13.5.1.3 If the referral officer advises that the case is valid then continue to the next step and represent the UID in Efin.

1.13.5.2 If the deeds are now valid then follow the current Efin process for representing a UID. 

1.13.5.2.1 If a new UID is created, keep a record of it for using in your LRS application.

1.13.5.2.2 If a new UID is not created then you will need to use Get UID when you create your LRS application.

1.13.5.3 If the rejection letter did not contain any UIDs, click Not Applicable and then Submit.

1.13.5.3.1 Use Get UID to create a new UID when you create your LRS application.

1.13.6

Process steps

Additional Information

Examine case details


1.1 Click the CMS Next Assignment button for your application. The case will be at Intake Checks screen. 

1.2 Open the documents onscreen.

1.2.1 If you have a query about the validity of the deeds and believe the application should be rejected then follow the Rejection referral process.  

1.2.2 If you have a query about the deed type or if you are unsure about how to process the case then follow the Intake referral process.

1.2.3 If the case is a Complex Dealing deed type and it is not clear how to progress then follow the Complex Dealing (Cat B) referral process.

1.2.4 If the case appears to be a rescan of a previous case then add a Case Collaboration note and transfer it to the person who requested the rescan.

1.2.4.1 For example, if your case doesn't have an LRS application but there is an open LRS application over the same title which has the exact deed details that you require then search on CMS for the case that this application relates to and check if a re-scan has been requested.

1.3 Examine the case for any correspondence and consider appropriate action using Case Collaboration or Referral processes as necessary. 


Warning

If there is no application form or the registrable deed (deed inducing registration) is not submitted, then once the remaining relevant steps of initial examination are completed, the application must be rejected via the Rejections process.



Tip
titleIncorporating Quality Data Points:




Examine the application form


1.4 Ensure that the application form(s) submitted:

  • match the information contained in the corresponding deeds. 
Tip

Legal Quality Checkpoint (LQC) 2 - Deed(s) and form(s)


1.5 Ensure that the form is correctly completed for the type of deed(s) submitted.

Application form errors - rejection policy

Warning

Major Discrepancies

If any discrepancies between the application form and the registrable deed are such that the application form does not appear to relate to the registrable deed, then once the other steps in initial examination are completed, the application must be referred for possible rejection.

Incorrect completion of form

If the form is not correctly completed for the registrable deed being submitted, or a question or questions are partially completed, then once the other steps in initial examination are completed, the application should be referred for possible rejection.


1.6 Identify if the application is affected by the Long Leases (Scotland) Act 2012. Check:

  • if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership.
  • if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012.
  • if the application is to register a disposition that relates to a title number in which the registered real right/interest is 'tenancy'.
  • if the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (this may also be indicated by examining the deed).

1.6.1 If affected by the Long Leases (Scotland) Act 2012, follow the Legal referral process once the LRS application has been created/settled.

Application Form Check



Examine live deeds 


1.7 Check the description of the subjects in the deed(s) makes reference to the correct Title Number affected.

Tip

LQC1

1.8 Examine each deed presented for registration to ensure that it is ex facie valid and execution is self-evidencing:

  • Parties to deed must be designed.
  • Deed must include operative words in present tense.
  • Where appropriate deed must conform closely to statutory style or have minimum content.
  • Subjects must be adequately described.
  • Disposition or other deed with granter and grantee must not be by A to A in same capacity.
  • Deed must be signed/executed appropriately.
  • Any annexations or schedules should be incorporated into the registrable deed.
Tip

LQC2

1.9 If the deed(s) creates new real burdens or servitudes, follow the Complex referrals process.

1.10 If the deed (or the application form) indicate that the applicant has died or has been dissolved prior to the date of application, and they are still listed on the form, follow the Rejection referrals process.

1.11 If the applicant is a non-natural person (e.g. a company) check the following are included either in the registrable deed or in the information in the application form:

  • the legal system under which the proprietor is incorporated or otherwise established;
  • if the non-natural person is a company under the Companies Acts or a limited liability partnership, the company number allocated in terms of Companies Act.
Warning

Following referral, a case should be rejected if registrable deed does not meet requirements to be ex facie valid and execution self-evidencing or if the LBTT requirements have not been met or if applicant is a non-natural person and no legal system in deed or form has been identified, or if a company under Companies Acts or LLP has no allocated number in deed or form.


Warning

Referral of applications submitted by individuals

If an application has been submitted by a person who is not a Solicitor/Licensed Conveyancer, follow the Intake referral process so that the additional ID checks can be completed and the case can be referred on to the Legal Services Fraud officer if necessary.





Examine Title


1.12 CMS will notify you if there are existing open applications over the title and/or over the parent or grandparent title. Check the LRS title for the existing open applications, take note of the application details and follow the process for grouping cases or for associating cases depending on the circumstances on CMS at the appropriate stage. 

1.13 CMS will check the import alpha codes on the application form and if it detects that an alpha code has been submitted previously then it will show the Review Representment screen.

1.13.1 Follow the Representments process.

1.13.2 Even if CMS does not show the Review Representment screen, still check for prior rejected applications in LRS.

1.13.62.1 CMS will not pick up potential representments where the forms do not have import alpha codes or where the agent has created a new form with a new alpha code forgotten to identify the case as a representment so there is still a need for a manual check.

1.13.62.2 If there is a prior rejected application in LRS, do a CMS Title Number search to check the rejections letters for potential representment or overpayment.

1.13.

6

2.2.1 Follow the procedure for representing the UID if appropriate. 

1.14. If there is a prior application in LRS created within the last 30 days, check if there was a Partial Rejection and then do a CMS Title Number search to check the rejections letters for potential representment or overpayment.

1.14.1 Follow the procedure for representing the UID if appropriate. 




Examine payment arrangements 

Fees

1.15 If the application is a re-presentment use the UID from the prior rejection letter on CMS to follow the representment process. See Amending UID Numbers and Representments - Efin.

1.15.1. If your case is an LR case, do NOT delete the newly created UID until your representment has been successful.

1.15.1.1 Add or Amend the UID in the LRS application as necessary.

1.15.1.2 Email Finance to cancel the UID that has been created in error (for LR cases).

1.15.1.3 Add a case collaboration note on CMS stating that it is a representment case and the UID was swapped out.

1.15.1.4 Use the Synchronise with LRS action to update the application details in LRS ensuring that the new UID is displayed.

1.16 If the payment type is Direct Debit and the application is not a representment then move on to the next section - Create Application on LRS.

If the payment type is Cheque then perform all the following checks:

1.17 If the application states Cheque payment type but there is no cheque enclosed, check if the FAS number specified is a direct debit account. Refer to a TL for clarification.

1.18 If the application states Cheque payment type but there is no cheque enclosed then search for the title on CMS to see if there was a previous overpayment.

1.18.1 If there was an overpayment, contact Finance to check that the funds are available.

1.18.1.1 If funds are available then follow the usual Dummy cheque process.

1.18.1.2 If funds are not available then follow the Rejection process. 

1.19 Where there is a cheque enclosed then ensure that:

  • it is made out to Registers of Scotland/RoS/the Keeper/Land Register of Scotland/Scottish Land Registry.
  • it is signed.
  • it is dated (but not post-dated or dated more than 6 months ago).
  • it is sufficient to cover the appropriate registration fee (including where it is in respect of more than one registrable deed).
  • the amount in numbers matches the amount in words.

1.20 If a cheque is for a greater amount than the fee, a refund of the overpayment should be completed during the eFin process.

Warning

If payment requirements are not met, then once the remaining relevant steps of initial examination are completed, the application must be rejected in terms of s.22(1)(e) of the 2012 Act. Follow the rejection process.

All foregoing process steps should be undertaken before an application is rejected - full reasons for rejection will be confirmed by the referral officer and sent in written format to the applicant through the rejection process. 


All referrals at the intake stage will be prioritised over other types of referrals. 

Registrable Deeds, Fees and eFin categories


Check

Complete the Intake Checks screen on CMS 

1.21 The CMS case will be at the Intake Checks screen.

1.21.1 If the case is acceptable then click Yes and Submit.

1.21.1.1 Move on to the next section to create the LRS application.

1.21.2 If the case is not acceptable then click No. The Submit button will now change to a Reject button. Do NOT click it at this stage.

1.21.2.1 Follow the Rejection referral process. 

1.21.2.2 If the referral is related to a Representment, make sure you include the Case ID of the previous case in the referral note.

1.21.2.3 If the Referral Officer confirms the rejection, click Reject on the Intake Checks screen and then continue the Rejection process. 

1.21.2.4 If the Referral Officer states that the case is valid, change the answer to Yes and then click Submit on the Intake Checks screen. Continue to process the case.


Next: eFin – Creating UID