16.1 INTRODUCTION

This section sets out the practice to be adopted by Plans Staff when dealing with correspondence not directly related to a current application for registration. Correspondence received in reply to notices or requisitions, which have arisen from "live" applications, is not specifically dealt with in this section.

Correspondence referred to Plans Staff covers a very wide variety of matters, such as request for guidance on Agency Plans Practice and Policy, the rectification of Title Plans, requests for information on the measurement and ownership of boundaries, and sometimes matters only indirectly related to the work of the Agency. Correspondence work also involves dealing with correction cases which broadly speaking originate because of an error or alleged error, which has been made on a completed application. Issues that are complex or urgent will make up much of the correspondence received and as a consequence need to be dealt with by experienced staff. Replies to letters on plans matters are not drafted below RO2 (Plans) level. To be carried out quickly and effectively this work requires good background knowledge of the full range of Plans work

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16.1.1 Need For Speed

In common with other preliminary services, the aim is to produce a response as quickly as possible. Required map material should be obtained and the processing of the correspondence given high priority. The handling of correspondence must be organised such that direct reference to the highest appropriate level may be achieved with a minimum of delay. Quite apart from the fact that the subject matter of correspondence is often of such urgency or importance that a prompt reply is essential. Serious delay in replying to correspondence damages the Agency's reputation for helpful and efficient service, and in some circumstances could even lead to a claim for compensation.

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16.1.2 Need For Accuracy

Notwithstanding the necessity for issuing prompt replies, it is essential that any information contained in a Agency letter is accurate, and has a sound basis. Plans Staff must not only be careful to ensure that statements on plans technical matters are accurate. They must also ensure that any statement on broader issues, accord with the law, particularly that contained in the Land Registration Act and the Rules, and are consistent with published statements on practice or policy. The necessity for ensuring that replies to correspondence have an authoritative basis is further discussed in Section 16.2.1. Processing of Correspondence - General Aims and Principles.

16.1.3 Organisation Of Replies To Correspondence

It is essential that an important letter or one on which urgent action is called for can be quickly recognised as such and considered at the right level within a few hours of its receipt. In appropriate cases this will mean that a letter will be referred directly to the highest level (e.g. the Senior Caseworker) without being passed up set by step through all the usual channels of technical reference. Again, a single letter may present a number of points or problems which strictly, should be considered at different levels, but in practice may be dealt with by a single officer at the highest necessary level to save handling time and duplication of effort.

Each letter is received in the Support Area and date stamped where necessary. The Support Staff will issue an acknowledgement of receipt in the Agency or of any enclosed items if requested by the Agent. The correspondence is then passed to the appropriate Plans officer, together with any applications from Standover, that affect.

Technical reference by RO2 (Plans) is normally to an RO1 (Plans) who may also be the line manager. The RO1 (Plans) is technical referee on all plans correspondence and they exercise a further monitoring and control function in addition to dealing with correspondence formally referred to them. RO1 and RO2 (Plans) staff may also refer correspondence directly to a Legal Officer. Standing instructions for certain categories of correspondence which must be referred directly to a higher level as set out in Section 16.2.2 Levels of Responsibility.

16.2 PROCESSING OF CORRESPONDENCE

16.2.1 General Aims And Principles

The aim of staff dealing with correspondence must be to ensure that any necessary action is taken promptly, and that a complete and accurate reply is sent as soon as possible. The reply should be in such terms and be sufficiently comprehensive to forestall any further correspondence on the particular matter. All statements made in Agency letters must have an authoritative basis. Answers to many general enquiries which can be given by any executive grade of Plans Staff, may be found in:

a. the current Land Registration Act, Rules and Fee Orders

b. Published Practice and Explanatory Leaflets.

16.2.2 Levels Of Responsibility

The specific duties on correspondence of each grade of Plans Staff are set out below:

RO2 (Plans) Duties

Correspondence on:

a. errors of a clerical or like nature, e.g. road names and, descriptions,
b. enquiries of a routine nature
c. specific enquiries where facts are clear
d. other matters after reference

RO1 (Plans) Duties

a. Correspondence on:

(i) request for measurements
(ii) enquiries of a general nature prior to registration
(iii) requests for surveys and appointments

b. The recall of a Land Certificate to resolve a matter solely of a plans technical nature.

c. Referee for Ro2 (Plans)

d.

(i) complaints or requests for guidance as to practice or policy of the Department, in conjunction with Senior Legal Advisers

(ii) questions of interpretation of Land Registration Acts and Rules as to plans matters, in conjunction with Senior Legal Advisers

(iii) questions of indemnity, hearings and disputes where the Department may be involved, in conjunction with Senior Legal Advisers

(iv) the making of special arrangements prior to registration,

(v) errors or alleged errors on plans work including any which are likely to lead to indemnity, or similar matters of a serious nature, in conjunction with Senior Legal Advisers

(vi) complaints relating to the position of the boundaries of registered subjects or concerning the representation of the position of physical features on the ground, in conjunction with Senior Legal Advisers

(vii) rectification in conjunction with Senior Legal Officer

(viii) disputes whether or not the Department appears to be involved by reason or error, mistaken interpretation of deeds or plans, or for any other reason in conjunction with Senior Legal Advisers

Notwithstanding the classification above, a single letter may include several items that strictly should be dealt with at different levels. As the speed and accuracy of replies are of overriding importance, staff should not hesitate to refer a letter promptly to a more Senior Officer if they are uncertain whether or not they are able or qualified to deal with it.

The RO1 (Plans) has a particular responsibility for ensuring that such correspondence is quickly referred to them for appropriate action. In this respect, they must exercise an effective control function by regular personal contact with all staff engaged on plans correspondence work so that they can monitor the nature of correspondence received and replies sent, and can immediately take over any correspondence which they consider necessary at an early stage. This positive approach is essential in view of the importance, and the urgency, of correspondence work. They should be particularly watchful where any exchange of correspondence becomes protracted and it appears that the writer is not satisfied that his initial enquiry has been adequately dealt with.

16.2.3 Preliminary Consideration Of A Letter

It is essential to adopt a systematic approach when giving preliminary consideration to a letter received. The immediate aims should be to establish the importance and priority of the letter, and whether or not it will need to be referred. A suggested approach is set out below. Each point must be considered.

a. What is the date of receipt of the letter? This must be immediately ascertained in order that an approximate level of priority may be established especially where a letter has been passed on from another section.

b. Does it quote an Agency reference or title number? Depending on the nature of the correspondence, it may be necessary to obtain the relevant files and to refer the letter immediately to another officer, or section.

c. What is the writer trying to say? Every letter must be read right through with the utmost care. It is essential to grasp points that the writer is trying to convey and this is not always an easy matter. It may be found convenient to note each point briefly on a sheet of paper so that nothing is missed. One should look for indications of previous correspondence between the writer and the Agency so that the letter can be considered in the light of any earlier correspondence on file. In many cases, the full meaning of the letter will only become clear after consulting relevant records and files. If the subject matter of the letter relates to a specific property, the title number (if any) should have been obtained at the outset, together with any relevant information from the Application Record.

d. Should the letter be immediately referred? Certain types of letter must be immediately referred to the Senior Caseworker or the designated Legal Officer as described elsewhere.

e. Should some immediate action be taken on the letter? It may be that action is necessary on receipt of the letter other than a written reply (e.g. a phone call) and should be effected by the Officer considering the letter, or by his referee. A phone call can sometimes be particularly helpful if it is apparent that a misunderstanding by the correspondent has occurred.

f. Does the letter ultimately require reference to a Plans referee? If the nature of the correspondence necessitates reference to a Senior Plans officer this must be done after associating with the letter all relevant maps, files, and applications affecting (if any). In cases of doubt, the referee should be consulted before the files, etc. are ordered.

When consideration of points a. to f. above reveals that the letter need not be referred, it should be dealt with in due priority. It should normally be possible for the Plans Officer to write a reply and take any other action necessary on their own initiative. However, staff must guard against putting correspondence to one side because of uncertainty as to the correct reply or course of action and should not hesitate to seek the advice of their referee on any matters of which they are uncertain. Senior Officers should encourage this ready access.

16.2.4 Prompt Handling Of Correspondence

The instructions to Legal Staff contained in the correspondence job guides require that the following timetable for replying to a letter should be strictly adhered to:

(i) correspondence that does not require reference to records (such as a Title Plan or Title Sheet) to be answered by return of post,

(ii) correspondence that does require reference to records to be answered within 2 or 3 working days,

(iii) correspondence remaining unanswered for more than five calendar days to be immediately acknowledged and referred to the RO1 with the reason for the delay. Correspondence delayed in this way should be the exception rather than the rule.

In many cases correspondence is routed to Plans Staff via Legal and it is thus difficult for Plans Staff to keep to such a timetable. Nevertheless Plans Staff should make every effort to follow the timetable as closely as is possible. Whenever it is clear that it will not be possible to issue a full reply within 3 working days an acknowledgement (L15) should be sent immediately. Where such a letter is clearly of some urgency or importance, an acknowledgement in the form of a letter should be sent immediately to the effect that it is regretted that there will be some delay (giving the broad reasons) but a full reply will be sent as soon as possible. Whichever form of acknowledgement or reply is sent, it must be clearly recorded on the letter, or a copy reply kept with the letter, where appropriate.

16.2.5 Immediate Referral Of Particular Correspondence

Certain types of correspondence or enquiry must be quickly referred up to the appropriate Senior Officer, as described below.

The following types of enquiry should be referred to a Senior Caseworker on the day of receipt:

(i) letter of praise or complaint (distinguish between "praise" and "thanks" also between "complaint" and "enquiry")."Complaint" includes any complaint about delay (as distinct from an "enquiry about delay"). All complaints about delay must be referred wherever it has occurred within the Agency

(ii) letter suggesting either any change in the system of Land Registration or dealing generally with any particular procedure or with any aspect of the extension of registration to new areas,

(iii) letter requesting a refund of fees already paid,

(iv) certain enquiries about whether a transaction is caught by the provisions of registration under the Land Registration (Scotland) Act 1979 should be referred to the Senior Caseworker.

(v) any letter alleging negligence or making a claim for indemnity or costs under the Act, or which may lead to such a claim being made.

When such enquiries are referred to the Senior Caseworker, there should be no delay whilst the material is obtained, even if the full reference of a pending application is quoted. However, one should ensure that the current Application Record markings are entered on the letter. It is essential that such enquiries are placed before the Senior Caseworker on the day of receipt.

16.2.6 Reference To Legal Officer

A number of circumstances arise where correspondence received by Plans Staff will require subsequent reference to a Legal officer. This is particularly true of the correspondence dealt with by the RO1 grade. Notable examples are boundary disputes that involve a registered title, request for rectification of a Title Plan and claims for indemnity due to an alleged error in a Title Plan. It will normally be necessary for the Plans Officer to supply a concise written report on the plans aspects of the matter, including, where appropriate, details of the latest available plans and survey information. It should be made clear to the Legal officer whether, in the opinion of the officer referring the matter, a Plans error has occurred. In some cases, it is appropriate for Senior Plans Staff to offer suggestions as to how a particular problem relating to plans matters might be resolved.

16.2.7 Plans Referee

Plans Staff receiving correspondence classified at a higher grade should immediately obtain all the material that appears necessary from a quick perusal of the letter, following which it should be referred immediately to the appropriate Plans Referee. Staff should not undertake a lengthy investigation into files etc. before referring the letter. It is for the Plans Referee to decide to what depth an investigation needs to be conducted and (where appropriate) reply to the correspondence himself. Senior Plans Staff may, after reference, direct that an investigation be conducted or a letter drafted and sent by staff acting under their specific instructions.

16.2.8 Reference To Another Section

It may be appropriate in certain instances to refer correspondence to another Section, for example, correspondence of a general nature not affecting registered subjects (e.g. P16 Reports &c.) or on an Estate Plan Approval. In such cases no attempt should be made to conduct lengthy investigations into the matter raised. Such letters should be referred immediately to the appropriate Section.

16.2.9 Verbal Referral To A Plans Referee

Experienced RO2 (Plans) should normally be able to deal with the majority of letters or plans matters received. If a Plans Officer is unable to decide on the correct course of action for a particular letter, he should immediately seek the advice of his Plans referee. A short verbal reference is often all that is necessary to enable a more junior Plans Officer to deal with a letter promptly and with complete confidence. Plans Referees, for their part, should take active steps to monitor the correspondence passing through the hands of their referring officers, and should ensure that they are available to take verbal references from staff each day and if necessary, allocate a specific period of the day for this purpose.

16.3 WRITING OFFICIAL LETTERS

16.3.1 General

When preparing requisitions to be sent to solicitors it is important to remember that their knowledge of maps may be limited and something that seems obvious to a member of Plans Staff may be unintelligible, unless explained, to a member of the legal profession or the public. So, although brevity is normally the order of the day it is important that someone with no Plans background can readily understand all points made in correspondence.

The simplest test of the value of any correspondence is to re-read it on completion to confirm that someone unfamiliar with the case can understand fully what has been said. If it is felt, on re-reading, that some points are obscure and require further explanation or that it will just do but there is a feeling of uncertainty then the writing is not up to standard and the letter should be re-drafted. If the letter is self-explanatory it reaches the proper standard and may be issued.

As a matter of courtesy and as an early warning to solicitors prior to issuing requisitions it is a good idea to telephone them explaining what is happening then referring to the telephone conversation at the start of the text.

When requisitions are raised with solicitors it is important that they have the full picture so the Deed Inducing Registration should always be enclosed along with any other deeds referred to for extent.

Deeds and any other items, i.e. prints, etc. returned with a requisition should be listed on the correspondence in the following manner: -

Feu Contract between A & B recorded ........................................
[deed 2] or Disposition by A to B recorded .................................
[deed 4] or if the deed is the Deed Inducing Registration Disposition
by A to B dated ..............................
[deed 8]
Print A, Print B, ………….

If this method is used repetition of details of deeds in the text of the requisition can be avoided as they could be referred to "as Deed 2 above".

In all instances where Requisitions are issued notes to this effect will be added to LRS Titlenotes and a copy of the Requisition and any illustrative print issued will be retained

16.3.2 Broad Principles

In common with other departments of the Civil Service, official letters issued by the Department have, in the past, been written in an impersonal style ("It is considered that ....................", "It is regretted that ....................." etc.). Even where the first and second person was used, there was often a tenancy to appear to write on behalf of some nameless higher authority. ("I am directed to inform you .....................", "I am further to point out....................." etc.). In recent years, with a more "open" system of public service, this impersonal style is quite inappropriate, particularly when writing letters to members of the public. The guiding principles nowadays are to employ the first and second person and to avoid technical terms wherever possible. To aid understanding, the simplest language should be used. It is unwise to attempt to give all the details of the law or practice relevant to a particular subject, but rather to state the essentials, telling the reader, in appropriate cases, where he can find more detailed information or advice.

One of the occupational hazards of working in a specialised organisation dealing with an aspect of property law is a tendency to use "quasi-legalistic terminology" (itself an example of this evil). Whilst it may be right to use the correct legal terms when writing to solicitors, it is inappropriate to draft a letter with such cross-referencing as "the aforementioned boundary" and the liberal use of such words as "hereto, herein, herewith, therewith", and so on. A solicitor may well understand the meaning without difficulty, but the unfortunate habit is quickly developed of inserting such words and expressions in all written communications.

Equally to be avoided is the use of technical jargon. It may sometime be acceptable to communicate in jargon with someone of an appropriate discipline or background, but if this is not the case, effective communication breaks down completely. Staff who have necessarily studied and assimilated knowledge at some depth of a specialised kind, should never forget that the enquirer may not have had the opportunity or even needed to learn and to use the jargon associated with the particular subject. The safest approach is to use elementary, accepted English wherever possible.

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