Quality Checklist - Standard FR/DW/TP Legal
Standard FR/DW/TP Legal -Section | Data Point Code | Data Point Name | Data Point Description | Links to Manual | Relevance / Consequences | ||
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Application Check | LQC1 | Deed(s) | Check the deed submitted for registration complies with the following: • Parties to deed must be designed - for some special parties the name only may be acceptable and for Discharges there is no requirement to check the borrower has been designed. • Deed must include operative words in the present tense • Where appropriate the deed must conform closely to statutory style or have minimum content • Subjects must be adequately described (deeds relating to registered plots must bear a title number) • Disposition or other deed with granter and grantee must not be by A to A in the same capacity • Deed must be signed/executed appropriately • Any annexations or schedules should be incorporated into the registrable deed Is the title number in the deeds correct? Has the application been created over the correct title number? | Designation | Requirements of Registrable Deeds | Deeds must bear title number | An application registered over the wrong title number would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. Registration of an inept deed could make the register inaccurate resulting in a potential rectification and claim for compensation. |
Application Workdesk | LQC3 | Application Workdesk (DW only) | Application Workdesk Do the deeds on the application workdesk include: | FR/TP/DW User Guides | Incorrect applicants or consideration details results in erroneous information being available to external customers viewing Scotlis. Incorrect deed codes, deed details and creditor codes result in erroneous or incomplete information being available to external customers viewing Scotlis which can generate queries to Customer Services and Registration Services from agents and private searchers. Data from the application workdesk is used by the Land and Property Data Team to produce various reports for external customers. | ||
B Section | LQC4 | B Section Proprietor Name | Has the proprietor's name been entered or updated correctly in the B-Section? DWs only - where the application does not contain a deed of conveyance check the B-Section has been updated in line with current guidelines to reflect any change of name. | Proprietorship Section | Names and Changes of Name in the Proprietorship and Securities Section | Designations | A missing or incorrectly entered proprietor would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under Section 84 of the 2012 Act. Adversely impacts on internal and external customers when searching the register where searches against the proprietors name do not return the expected results. |
B Section | LQC5 | B Section Proprietor(s) Designation | Has the proprietor's address been entered or updated correctly in the B-Section? If not then consider if any other information submitted with the application explains any difference For non-natural persons or people acting in a special capacity check the correct link text has been entered into the B-Section to accurately reflect the deed. For non-natural persons check the entry includes the legal system under which the person is incorporated and any other identifier peculiar to that person. DWs only - If the application does not contain a deed of conveyance check the B-Section has been updated in line with current guidelines to reflect any change of address. | Proprietorship Section | Designations | Names and Changes of Name in the Proprietorship and Securities Section | Missing or incorrectly entered designation would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under Section 84 of the 2012 Act. |
B Section | LQC6 | B Section Proprietor Destination | Where there is a deed of conveyance check the B-Section correctly reflects the destination in the deed. DWs only - check any existing destinations have been updated to reflect changes in ownership e.g operation of survivorship destinations | Destinations | Missing or incorrectly entered destination would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | ||
B Section | LQC8 | B Section Consideration | Where there is a deed of conveyance check the consideration in the B-Section reflects the deed. For Voluntary Registrations the consideration should be entered as Not Applicable. | Proprietorship Section Entries - Consideration | Voluntary Registration | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | |
B Section | LQC9 | B Section Date of Entry | Where there is a deed of conveyance check the date of entry in the B-Section reflects the deed. | Proprietorship Section Entries - Date of Entry | Voluntary Registration | If omitted or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | |
B Section | LQC10 | B Section Pro Indiviso Shares | Check that the B Section correctly reflects any pro indiviso shares. | Proprietorship Section Entries - Pro Indiviso Shares | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | ||
C Section | LQC11 | C Section Entry | Where there is a standard security or other charge check an entry for this has been added to the C Section. | Securities Section Information | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | ||
C Section | LQC12 | C Section Date of Registration | Where there is a standard security or other charge check the date of registration is correct. | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | |||
C Section | LQC13 | C Section Granter | Where there is a standard security or other charge check the granter been correctly entered in the C Section. | Names and Changes of Name in the Proprietorship and Securities Sections | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | ||
C Section | LQC14 | C and D Section Entry Style and Notes | Where there is a standard security or other charge check If the application requires the addition of any C-Section notes check these been entered correctly e.g ranking notes or notes in respect of a Deed of Variation or Ranking Agreement If the application contains a NPLC (otherwise known as NOPL) check this has been added correctly to the D Section | Securities Section Information | Standard Security - example deeds | NPLC | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. |
C-Section | LQC15 | C Section Creditor Code | Where there is a standard security or other charge check the creditor been entered correctly by either: • the correct creditor code or • entered manually if no code is available | Creditor Codes | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | ||
C Section | LQC16 | C Section Prior Version (DW only) | Check the C-Section contain all the necessary entries from the previous registered version of the title i.e all undischarged securities and other charges Note: For pre despatch this is a check against the existing registered version and for post despatch a check against the most recent R- version. | DW User Guide Securities Section | Standard Security - Example Deeds | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | |
C Section | LQC17 | C and D Section Discharged and Expired entries | If the application contains a discharge, deed of restriction or is a power of sale check the necessary entries have been removed from the C-Section (DW applications) or omitted from the C-Section (FR and TP applications) Check any entries brought forward from Sasines have been done so correctly (FR's only) Check any time-expired charges have been removed. Check any time-expired NPLC's (otherwise known as NOPL) have been removed from the D Section. | When missing or incorrectly entered would constitute an inaccuracy in the register leading to a rectification and a potential claim for compensation under s.84 of the Act. | |||
Application Workdesk B & C Sections | LQC18 | Non KPI Title Sheet Errors | Check the Indexing Guidelines been followed in respect of: Check the B-Section includes spouses, both or all when appropriate. Any minor typos noticed during the quality check - apart from typos in names, addresses and monetary considerations should be failed here | Indexing | Incorrectly indexed names and addresses adversely impacts on search results for both internal and external customers when searching the register by either name or address. Minor typographical errors in the title sheet can result in complaints from customers and lead to additional work to correct post-registration. |
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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