Incorporated by Reference - Temporary Procedures

As a result of the introduction of digital submissions and remote working, the process of noting on the title workdesk the location of any deed incorporated by reference into the title sheet and where the deed can be viewed has changed for certain scenarios.


 Scenario 1 - The deed can be viewed on BOPS

For this scenario there is no change. The existing 'for BOPS' picklist note should be used and completed in the same way. The document can be viewed by searching using the application number in BOPS.

 Scenario 2 - The deed can be viewed on CMS

For this scenario there is no change. The deed should be flagged for archive in CMS and the existing 'for CMS' picklist note should be used and completed in the same way. The document can be viewed by searching in CMS using the CMS Case ID.

 

 Scenario 3 - The deed forms part of a TP digital submission

For this scenario the settler should identity the document number and the document type (i.e. LIVE DEED or SUPPORTING_DEED) using the link to the documents in JIRA or by viewing the documents in the document folder for the TP digital submission via the TP or TP_DualRegistration Folders on the R drive.



In most cases it will be a LIVE_DEED that will be incorporated, but if the document type is SUPPORTING_DEED then email the TP Digital Submissions mailbox using the subject header 'Incorporated by Reference' with details of the application number and title number. This is important so that we can track how often a SUPPORTING_DEED is incorporated by reference and ensure it forms part of the LR Archive. You do not need to contact the TP Digital Submissions mailbox if the deed type is LIVE_DEED.

A title workdesk note should be added by selecting the new 'For TP DS' incorporated by reference picklist option.

And it should be completed as follows:

ENTRY No. [put in the entry number of the burdens entry here] OF D SECTION DEED INCORPORATED BY REFERENCE SEE DOCUMENT NUMBER [put document number in here] OF DIGITAL SUBMISSION [copy & paste the link from TP TL R Drive on the JIRA ticket] OF APPLICATION No. [put application number in here] on TITLE No. [put title number in here]

The screenshot below shows where the TP TL R drive link can be found on the JIRA ticket.

For example:

ENTRY No. 3 OF D SECTION DEED INCORPORATED BY REFERENCE SEE DOCUMENT NUMBER 6 OF DIGITAL SUBMISSION R:\applications\intake\TP\2021\Month_02\Day_23\20210223_2K62-3ZQ3-39K9-KC9Q OF APPLICATION No. 21MID08119 on TITLE No. MID221535

The document can be viewed by using the information in the Title N&I to find the document on the R drive. The details highlighted in yellow above can be used to determine whether to look in the TP or TP_DualRegistration folder. The details highlighted in green can be used to drill down into the year, month & day folder. Finally, the 16 character customer reference can be entered in the search field.

 Scenario 4 - The application can be viewed on BOPS but the incorporated deed can't be viewed on BOPS

This scenario should be rare, but may occur where a paper application was received prior to lockdown and only the application forms and live deeds were scanned to BOPS but the incorporated deed was not scanned to BOPS.

The instructions in the PDF which can be found on the Archive guidance page of the registration manual. should be followed to create an archive 'Add to BOPS' folder and the document folder should be moved to the O drive folder as per the instructions.

A title workdesk note should be added by selecting the new 'For Add to BOPS' incorporated by reference picklist option.

And it should be completed as follows:

ENTRY No. [put in the entry number of the burdens entry here] OF D SECTION DEED INCORPORATED BY REFERENCE SEE TEMPORARY ADD TO BOPS FOLDER APPLICATION No. [put application number here] on TITLE No. [put title number here]

For example:

ENTRY No. 2 OF D SECTION DEED INCORPORATED BY REFERENCE SEE TEMPORARY ADD TO BOPS FOLDER APPLICATION No. 17ABN1234 on TITLE No. ABN5678

The document can be viewed by searching the Add to BOPS folder on the R drive using the application number specified in the title workdesk N&I.

If you are unable to locate the document then try searching the Add to BOPS folder on the O drive.

If you are still unable to locate the document then contact the settler who added the title workdesk N&I.

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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