Court Orders that are Registrable Deeds

General

Section 21(1) provides that a person may apply to the Keeper for registration of a registrable deed. If a deed is not a registrable deed, then an application to register that deed is incompetent and the application should be rejected once a deed is identified as not being registrable.

Section 49 provides that a deed is registrable only if, and in so far as, its registration is authorised either expressly or impliedly by:

the 2012 Act;
the Registration of Leases (Scotland) Act 1857;
the Conveyancing (Scotland) Act 1924;
the Conveyancing and Feudal Reform (Scotland) Act 1970;
the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985; or
any other enactment.

While neither section 21 nor section 49 refers to court orders, section 113(1) defines "deed" as used in the 2012 Act as including a decree (another name for an order of court) which is registrable under an enactment.

What court orders are registrable?

Adults with Incapacity

A guardianship order is registrable in terms of section 61 of the Adults with Incapacity (Scotland) Act 2000.
An intervention order (appointing an authorised person for specified purposes) is registrable in terms of section 56 of the 2000 Act.

Adjudication

Decree of adjudication in execution, by virtue of Titles to Land Consolidation (Scotland) Act 1868 s62 and s29 of 1979 Act - see Adjudication.
Decree of Adjudication in Implementation by virtue of Titles to Land Consolidation (Scotland) Act 1868 s62 and s29 of 1979 Act - see Adjudication.

Decree of irritancy of lease

Registration of Leases (Scotland) Act 1857 s20A(2)(a).

Decree of reduction of voidable deed

Decree of reduction of voidable deed by virtue of Conveyancing (S) Act 1924 s46A.

Foreclosure

Extract decree of foreclosure - Conveyancing and Feudal Reform (Scotland) Act 1970 s28. In this type of decree, registration of an extract of the decree is authorised - see below for how an extract is generally authenticated by the court.

Lands Tribunal for Scotland

Lands Tribunal Order (in respect of variation etc. of title conditions etc.) by virtue of s104(2) of the Title Conditions (Scotland) Act 2003 s104(2).
Lands Tribunal Order in respect of Development Management Scheme by virtue of s104(2) read with s72 of 2003 Act.

Note some types of lands tribunal order are not registrable, but instead may make manifest an inaccuracy in the Land Register - a Lands Tribunal order pronounced in terms of section 90(1)(a)(ii) of the 2003 Act which determines whether a real burden or other title condition is valid or applicable for example creates an inaccuracy. A request to take account of such an order should be referred to Post Registration Enquiries and Amendments team.

If the registration officer is unsure whether a particular Lands Tribunal Order is a registrable deed, the application should be referred to a senior caseworker.

Rectification of defectively expressed document

Order of rectification of a defectively expressed document by virtue of s8A of the Law Reform (Miscellaneous Provisions) (S) Act 1985 s8A.

Authentication of court orders

See the information above and the guidance pages for specified types of decree. The following is general information. If a registration officer has concerns about the validity of the decree being presented for registration they should refer the application to a senior caseworker. If necessary, further advice can be sought from a senior adviser.

Extracts

The order of a court, sometimes called an interlocutor, can be 'extracted' - that is, the court can produce a formal document confirming the terms of the order issued by the court.

An extract from the Court of Session will be impressed with a stamp on each page and signed on the last page by an official of the court, whereas an extract from the Sheriff Court will be signed by the Sheriff Clerk on the last page but the pages themselves will not be stamped. This is an important distinction.

A handwritten alteration will generally be authenticated by the initials of the official of the court extracting.