Initial Examination - Complex Dealing Intake

1.1 Check deeds against the inventory, if completed, and mark deeds as submitted/not submitted and add any additional deeds.

1.2 Check applications/deeds are relevant to intake team, otherwise send any unassociated applications/deeds to correct intake team (unless submitted as part of a single cheque) or refer to team leader as necessary.

1.2.1 If the application type on the form is 'Deed over an unregistered plot', but the deed accompanying the application form is a non-transfer of title deed check if the deed narrates a title number(s).

1.2.2 If the deed includes a title number(s) continue with the initial examination steps as normal.

1.2.3 If the deed does not include a title number(s) complete a search on LRS using the address details to identify if the deed relates to a registered plot or a plot undergoing registration.

1.2.4 If the search on LRS identifies that the deed relates to a registered plot or a plot undergoing registration check the date of execution of the deed and the date of registration of the plot and identify if the deed must include the title number(s).

- If the deed does not need to include the title number(s) continue with the initial examination steps as normal.
- If the deed does require to narrate the title number(s) then, once the remaining relevant steps of initial examination are completed, the application must be rejected.

1.2.5 If the search on LRS identifies that the deed does not relate to a registered plot or a plot undergoing registration then, once the remaining relevant steps of initial examination are completed, the application must be rejected.

1.3 Examine application for any correspondence and take appropriate action or refer if necessary.

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.

Incorporating Quality Data Points

LQC1 - Deed(s)

1.5 Ensure that the application form(s) submitted:

are not marked "DRAFT" - if the application form is in "DRAFT" once the remaining relevant steps of initial examination are completed, the application must be rejected.
are signed
match the information contained in the corresponding deeds.

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

Application form errors - rejection policy

Not signed

If the application form is not signed, then once the other steps in initial examination are completed, the application must be rejected.

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 to your referral point 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 to your referral point for possible rejection.

1.7 Check the answer in the 'Certificate in relation to links in title' section of the application form to the question 'If no, and the deed is a disposition, is the disposition to be treated as valid by virtue of section 43(1) (prescriptive claimants)?'.

1.7.1 If the answer on the form is 'No' proceed to complete intake process as normal.

1.7.2 If the answer is 'Yes' then the application is a specialist application. On completion of the intake process the flysheet and documentation should be placed in a red case bag with a route card directing the application to a senior adviser and should be passed to the Odd Jobs Officer to arrange for the application to be scanned out of turn.

1.7.3 If an answer has not been provided on the application form, but the answer to the question 'Is the granter of the deed the last recorded/registered proprietor?' is 'No' and the application is in respect of a Disposition refer to a senior officer.

1.8 Identify if the application is related to seabed or is an Automatic Plot Registration application.

1.8.1 If the application is related to seabed, then on completion of the intake process the flysheet and documentation should be placed in a red case bag with a route card directing the application to a senior adviser and should be passed to the Odd Jobs Officer to arrange for the application to be scanned out of turn.

1.8.2 If the application is an Automatic Plot Registration application, refer to APR guidance and should be passed to the Odd Jobs Officer to arrange for the application to be scanned out of turn.

1.9 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' or 'tenant'

1.9.1 If the application is affected by the Long Leases (Scotland) Act 2012 and is to register a Disposition that relates to a title number in which the registered real right/interest is 'tenancy' or 'tenant' the application can be taken on as a Disposition as per the usual procedures, the Keeper will rely on that deed being certified as valid in the application form and update the register to disclose that conversion to ownership has occurred.

1.9.2 If the application is affected by the Long Leases (Scotland) Act 2012 and is to register an Assignation that relates to a title number in which the registered real right/interest is 'tenancy' or 'tenant' the application should be taken on as an Assignation as per the usual procedures. The Keeper will rely on that deed being certified as valid in the application form and will continue to show the title sheet as a tenant's interest.

1.9.3 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).

- Create and eFin the application on LRS as normal
- Change the category to X1
- Arrange for the application and documents to be added to scan
- Refer the application to a senior adviser and include details of the referral reason.

1.10 Ensure that where the payment method is direct debit, the FAS number specified on the application form belongs to a customer on the direct debit scheme.

1.11 Ensure that, where a cheque accompanies the application, 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 six 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.

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

1.13 Check the contents of the envelope for a copy of any post-intake rejection/withdrawal letter or pre-intake rejection letter containing details of any UID number(s) originally associated with the application.

1.13.1 If the payment method is cheque and the application is not accompanied by a cheque or a rejection/withdrawal letter providing details of the UID number(s) the application must be rejected.

1.13.2 If the payment method is direct debit and the application is not accompanied by a rejection/withdrawal letter the application can be accepted and processed following the normal eFin process to create the UID number(s).

1.13.3 If the application is accompanied by a copy of the post-intake rejection/withdrawal letter containing details of the original UID number(s) the UID numbers can be represented on eFin.

1.13.3.1 An email should only be sent to DummyRequests@ros.gov.uk if an error message appears in eFin because the funds are not available.

1.13.4 If the application is accompanied by a copy of the pre-intake rejection letter containing details of the associated UID number(s) send an email to DummyRequests@ros.gov.uk with details of the associated UID number(s) to determine that the fee has not been refunded. Do not proceed until Finance respond.

If the payment method is cheque and the original fee has been refunded, or is insufficient, the payment requirements have not been met and the application should be rejected.
If the payment method is direct debit and the original fee has been refunded or is insufficient the full fee should be collected again (upto a maximum of £200 - refer to team leader if more than £200) and the application processed following the normal eFin process to create the UID number(s).
If the application was rejected post intake and the original fee has been retained by Finance the application can be accepted and the original UID number(s) can be represented.
If the application was rejected post intake and the represented application has changed and the original fee submitted (cheque or direct debit) is greater than the fee due the Dummy cheque - UID Number Exists process should be followed.
If the application was rejected pre intake and the original fee has been retained by Finance the application can be accepted and the Dummy cheque - UID Number Does Not Exist process should be followed.

If the application is for registration of a disposition for the sole purpose of evacuating a survivorship destination, received on or after 30 June 2015, special feeing arrangements apply (see fees page), and the original fee submitted may be greater than the fee due.

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.

Check fee

1.14 Check the description of the subjects in the deed(s) makes reference to the title number affected.

LQC1

1.15 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.

LQC1

1.16 Check deed for new real burdens/servitudes being created, and refer if necessary.

1.17 If the deed (or the application form) indicates that the applicant has died or has been dissolved prior to the date of application refer to a senior officer.

1.18 Identify if the deed to be registered is a tax notifiable transaction.

1.18.1 If the deed to be registered is not a notifiable transaction proceed to complete intake process as normal.

1.18.2 If the deed to be registered is a notifiable transaction and the effective date of the transaction is prior to 1 April 2015 ensure that an SDLT certificate has been submitted.

1.18.3 If the deed to be registered is a notifiable transaction and the effective date of the transaction is on or after 1 April 2015 ensure that LBTT requirements for s.43 compliance have been met.

Check for LBBT s.43 Compliance Requirements

1.1 Check if the application form has been stamped to indicate the application is s.43 compliant.

1.1 If the application form has been stamped as s.43 compliant proceed to complete intake process as normal. A note will be added to the application workdesk N&I stating application is s.43 compliant as part of the create process.

1.2 If the application form has not been stamped as s.43 compliant complete a check on the Tax Server.

Tax Server Check

2.1 Login in to Tax Server.

2.2 Input relevant search detail from application, searching, for Land Register applications, as follows in the first instance:

For DW use Title Number
For TP use Title Number and Buyer surname
For FR use Surname and Post-code

Fields which are searchable

1) Title Number/Property Address

2) Buyer Forename/Surname

3) Seller Forename/Surname

4) Consideration

5) Effective Date

6) Postcode

2.3 If match found:

2.3.1 Click “Mark as matched” on screen.

2.3.2 Stamp application form for relevant deed with s.43 stamp, adding details of tax record number used.

2.3.3 Proceed to complete intake process as normal. A note will be added to the application workdesk N&I stating application is s.43 compliant and details of the tax record number as part of the create process.

2.4 If no match found, select "Include marked transactions records".

2.4.1 If match found click “Mark as matched” on screen.

2.3.2 Stamp application form for relevant deed with s.43 stamp, adding details of tax record number used.

2.3.3 Proceed to complete intake process as normal. A note will be added to the application workdesk N&I stating application is s.43 compliant and details of the tax record number as part of the create process.

2.5 If no match found, check envelope for paper LBTT return and tax cheque.

2.5.1 In all instances of a paper LBTT return being found, pass whole envelope to RPO room and log appropriately.

2.5.2 If only tax cheque found, pass tax cheque (and any accompanying correspondence specific to the tax cheque) to RPO room and log appropriately and refer to senior officer due to no match being found.

2.5.3 If no paper LBTT Return found refer to senior officer due to no match being found.

2.5.3.1 If senior officer subsequently advises that match has been found, stamp application form for relevant deed with s.43 stamp, adding details of tax record number used. Proceed to complete intake process as normal. A note will be added to the application workdesk N&I stating application is s.43 compliant and details of the tax record number as part of the create process.

2.5.3.2 Where senior officer subsequently advises that no match has been found, the application should be rejected.

1.18.4 Refer to a senior officer if:

- The deed to be registered is a notifiable transaction and the effective date of the transaction is on or after 1 April 2015 and an SDLT certificate has been submitted;
- The effective date of the transaction cannot be identified;
- It is unclear if the deed to be registered is a notifiable transaction.

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

the legal system under which the proprietor is incorporated or otherwise established,
where the applicant is a company under the Companies Acts or a Limited Liability Partnership, the allocated number in terms of the Companies Act.

Requirements of Registrable Deeds

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

All foregoing process steps should be undertaken before an application is rejected - full reasons for rejection should be provided in writing to the applicant.

Rejection Policy and Procedures

Common rejection reasons and conditions

2012 Act Registration Manual

Initial Examination - Complex Dealing Intake

Process Steps

Additional Information

Examine the contents of the envelope

Examine the application form

Examine the payment arrangements

Examine live deeds

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