C&S is a shorthand name which refers to three different registers maintained by Registers of Scotland. These are:
- The Register of Deeds
- The Register of English and Irish Judgements
- The Register of Protests.
In practical terms, the only register which you are likely to encounter is the Register of Deeds, or deeds register.
All registrations in the deeds register are purely voluntary. There is no legal requirement for anyone to register deeds there. Deeds which are registered in the deeds register are preserved permanently. They are not returned to the agent, nor can the deeds ever be withdrawn from the register. Instead, RoS issues an extract of the deed to the submitting agent. The extract has the same legal status as the original deed.
Applications to register deeds in the Books of C&S will almost invariably be submitted with an official C&S1 application form. There are two different characteristics for C&S – please use them as directed below.
How will I recognise that a deed is to be registered in the Books of C&S?
- The application includes a C&S1 application form in the supporting documents.
- Agents will often enclose a covering letter alerting us to a C&S recording. Look out for any mention of The Books of C&S or The Books of Council and Session. The letter will often remind us that the agent requires Extracts of the C&S deeds to be sent to them.
- Use the “C&S Request to Check” characteristic.
What else do I need to know?
- Look out for an internal L29 form. If the form has already been completed by staff working in C&S, then the necessary work has already been done.
- Use the “C&S Request L29 Completed” characteristic
Completed L29 example - DO NOT ADD THE C&S CHARACTERISTIC