11.4 Application for an Office Copy

In terms of rule 21 of the Land Registration (Scotland) Rules 2006, application for an office copy can be made on a Form 15 or in writing in the form of a facsimile, electronic mail or letter.

The applicant must disclose the title number as part of their application. If this information is not known, the applicant should be advised to submit an application, on a Form 14, to determine whether or not the interest is registered. Further information on searching fees can be found on the main RoS website. 

11.5 Office copies and the Register of Inhibitions and Adjudications

The issue of an office copy will cause the title sheet to be updated. When updating the title sheet, the registration officer does not require to carry out a search in the ROI, against either the registered proprietor or a heritable creditor. As explained in Section 6(1)(c) of the 1979 Act - disclosure of adverse ROI entries (section 4.3) an inhibition against a registered proprietor is not adverse to the interest, and no details of an existing inhibition require to be disclosed in a title sheet, until the debtor has granted a deed which breaches the inhibition.

11.6 Parent titles and pending applications

Office copies are often requested for developing titles as it makes it easier for the selling agents to exhibit the title to a number of purchasers at the same time. If there is a request for an office copy of the parent title, the officer preparing the office copy should contact the appropriate TP group by way of a Form L27A so that they can advise what date the office copy can be issued to. Care should be taken where the title plan for the parent title has been updated past the date of the title sheet to show removals from the parent title. In these circumstances, the plan that will be bound into the office copy is the one that was valid at the date given by the TP group on the Form L27A. For further guidance on these points see Transfers of Part. If an application for the issue of an office copy is received for a title that has other application(s) pending, the office copy should be updated to the day before the date of the first pending application. The agents are not informed of the reason for the date of the office copy being what it is unless they query it.

In practice, notes under rule 17(2) of the 2006 Rules (formerly 20(2) of the 1980 Rules - noting on a title sheet if it is the subject of litigation which may lead to rectification) are not made on the title sheet but are put on the system as next application notes. Therefore the application record and any next application notes should be checked prior to the issuing of an office copy to ensure that the information in the office copy is complete up to the date the copy is issued to. If there are outstanding plans updates or pending applications then the office copy may either be updated to the date before the first one of these or they can be given effect to before the office copy is issued. If there is an outstanding Rule 17(2) next application note, then an entry should be made in the property section of the title sheet before the office copy is issued.

11.7 Office copies where there are no pending applications.

When an office copy is being issued for a title with no pending applications, the title sheet should be updated to the day before the date of the office copy application. All of the sections of the title sheet should be checked to see that the information they contain is current and has not changed since the title sheet was last updated. In line with usual practice, expired discount standard securities, improvement grants etc. should be removed from the title sheet. No search in the ROI is required against the registered proprietor or heritable creditor, as inhibitions cannot be adverse to the interest unless a deed is being registered which is in breach of the inhibition.

If the title sheet already contains an exclusion of indemnity for any reason, and there is any doubt whether it is still appropriate, the application should be referred to a senior officer for a decision as to whether the exclusion should be removed at this time.

11.8 Archiving instructions

A white office copy cover sheet should be stamped with the title number and the date the title sheet has been updated to before the office copy is bound and dispatched. The fee should be calculated according to the current Fee Order, see Extraction and copying fees and the invoice sent out along with the office copy. The contents of the office copy application (Form 15, L1A, correspondence, etc.) should be sent to the relevant support area for archiving like any other application.

11.9 Quick Copies

Introduction

Whereas an office copy can be provided only where the application has been completed and the title sheet made up, quick copies of deeds can be issued at any time. In terms of the Freedom of Information (Scotland) Act 2002, "Information from the Land Register" and "Historical Property Deeds held in the Land Register Archive" have been added as classes of information available via the Registers of Scotland's Publication Scheme. The Publication Scheme sets out that this information is subject to fees as detailed in the Fees Order. Requests for copy deeds from the Land Register or Land Register fiche or EAS will therefore be granted routinely, and will incur the same fees as any other copy deed request.

Requests for other documents from the Land Register archive - such as application forms, correspondence or deeds not specifically referred to in the title sheet - or any documents such as wills, confirmations, or affidavits should be referred to your local FOI Contact.  If the request is made under FOI and requests documents normally available as either an office or quick copy the enquired will be re-directed to Customer Services.

The Keeper has also developed the practice of issuing quick copies of the title plan and of all or part of the title sheet. Although a quick copy is only a print of all or part of the title sheet as at the last time it was updated by the Keeper, a check of the application record should be made to ensure there are no outstanding rectification or correction applications that need to be considered before the copy is issued. When issuing quick copies of title plans, care should be taken to ensure that there are no outstanding plans updates and that the version printed is concurrent with the version of the title sheet that could be issued. If there is any doubt the quick copy request should be referred to a senior officer.

A request for a quick copy does not have to be made in a prescribed form and as it is not an application against the title, there is usually no need to archive the request other than to keep a record of the request in Customer Services for financial purposes. That does not mean that a request for a quick copy cannot be added to the archive if the officer dealing with the request feels it would be worthwhile to keep a permanent record of the request.

11.10 Evidential status

A quick copy does not have the same privileged evidential status as an office copy. However, if requested the Keeper will certify on the quick copy that it is a true copy of the original. A style of certification is set out in Authenticated quick copies.

11.11 Factors governing issue of quick copies

Quick copies of deeds still in the process of registration can be issued upon request by any party, provided only that the deed can be regarded as public, i.e. that there is no question of it being confidential. A deed will be considered public if, upon completion of the application, it is referred to in the title sheet or if it has already appeared in a public register or has been issued by a public authority. Any deed which has directly induced an application for registration, and which will be given effect to directly in a title sheet, is public and it is permissible to issue a quick copy prior to completion of registration. If, however, a deed or any other form of writing has been submitted with an application as supportive evidence, or as a link in title, then a quick copy can only be issued if the deed or writing in question has already appeared in a public register or has been issued by a public authority (e.g. certificate of registration of charge issued by the Registrar of Companies). It follows that an unregistered will presented to the Keeper as a link in title cannot be copied to a third party, unless they have a letter of authorisation from the presenting agents.

As previously mentioned in Factors governing issue of office copy, once registration is complete and the title sheet made up, the Keeper is restricted in what deeds and documents he can issue as quick copies. A quick copy of a deed or document can only then be issued if that deed or document has been referred to in the title sheet.

Correspondence, of whatever nature, associated with applications should never be copied, in the same way that it must not be exhibited to the public.

11.12 Requests for quick copies from presenting agents

The Keeper often receives requests from presenting agents for quick copies of deeds that have been submitted by them as part of an application.

If requests are received for copies of deeds that have already been recorded in the Sasine Register or registered in the Books of Council & Session, the agents should be given the option of having the deeds returned to them and the case placed in standover until the deeds are returned to the Keeper, or ordering copies of the deeds and being charged accordingly.

If the presenting agent requires copies of the live deeds in the application, they should be copied and despatched to him with an invoice. Full details of the fee structure brought into force on 10th January 2011 by the 'Fees in the Registers of Scotland Amendment Order 2010' are provided in RoS' 'Information Fees and Fees for the Land Register and the General Register of Sasines' guide.

However, if the case has been held in the office for over 12 months, then no fee will be charged for issuing quick copies of the live deeds to the presenting agent, provided, of course, that the reason for the delay in registering the title has not been caused by the agents themselves.

If they would rather have the original deeds returned to them, the live deeds should be copied and the copies placed in the casebag, the originals returned to the agent and the case should be placed in standover until the deeds are returned to RoS.

A fee will always be charged for issuing quick copies to a third party if, of course, the deed is capable of being issued as a quick copy; see the immediately preceding paragraph.

11.13 Authenticated quick copies

Normally, no form of authentication will be shown on a copy deed, unless by specific request of the enquirer. The authentication takes the form of a docket handwritten on the last page of the copy and signed by an officer of at least RO1 level. If the document forms part of a pending application for registration a copy of Part A of the relevant application Form and the required deed(s) should be obtained. The docket should be added to the last page of the copy and be in the following terms:

• ‘I certify that this and the … preceding page(s) is/are a true copy of Part A of the relevant Form 1/2/3 and the [name of writ] which forms part of an application for registration in the Land Register against Title Number(s) ……. that was presented on (date). The said application is subject to possible cancellation at any time prior to the registration being completed.’

• (Signature)

• for Keeper of the Registers of Scotland

• (Date)

If registration has been completed, the rule that a quick copy of a document can only be issued if it would be competent to issue an office copy of that document applies. The form of docket in these circumstances should be in the following terms:

• ‘I certify that this and the … preceding page/s is/are a true copy of the [name of writ] by …………… to ………….. registered in the Land Register against Title Number(s) ……… on (date)’

• (Signature)

• for Keeper of the
• Registers of Scotland

• (Date)

11.14 Requests for court evidence from Registers of Scotland

The Keeper often receives requests for quick copies of documents submitted as part of an application that are not regarded as public. In most cases, these requests have been declined as a matter of course. Occasionally though these requests come from the Police or Procurator Fiscal’s office for copies to be used as part of a court case. The Keeper will, of course, try to be as helpful as he can on these occasions but there are certain matters which must be given consideration, e.g. Miscellaneous Documents and Enquiries, see 11.19 below.

11.15 Requests for Court Evidence from Registers of Scotland

Introduction

Any information provided or exhibited to the police, the Benefits Agency or any other enquiry dealt with by a member of staff, could result in the staff member being cited as a witness in a court or tribunal proceedings. RoS staff require to tell the inquirer the limited role they could play in such proceedings. The role is restricted to the giving of evidence as to the fact that the material was exhibited and (if appropriate), certification that any extract, copy or other document had been issued by RoS. The enquirer should also be informed that in terms of section 45 of the Conveyancing and Feudal Reform (Scotland) Act 1970 and section 6(5) of the Land Registration (Scotland) Act 1979, official extracts and office copies shall be accepted for all purposes as sufficient evidence of the original. It follows, therefore, that they should not require additional certification or a witness to attest them.

11.16 Service of citation

Any member of staff receiving a citation as a witness in connection with information on or supplied from the Registers should inform the Head of Legal Services immediately who will conduct any necessary liaison with the Legal Authorities and arrange for a background briefing if appropriate.

11.17 Sasine Register

Where information from the Sasine Register is by means of the search sheet, an enquirer should be informed that the search sheet is not statutory, and that the information it contains is not guaranteed to be accurate. The search sheet is an in-house tool used primarily by RoS staff for registration purposes, although it is exhibited to the public upon request, but RoS does not interpret it to the public. An enquirer can use the search sheet as a key to the Sasine Register, and as an aid to establishing the near current state of heritable title.

It is open to the enquirer to order an extract of any writ identified from the search sheet, either from RoS or from a supplier authorised to obtain extracts from the National Archives for Scotland. Quick copies of writs in the process of recording, but not yet in the Minute Book, can be supplied by RoS and charged per the 1995 Fee Order, as amended (see chapter 49 (reference guides/fees) for details of extraction and copying fees). Authentication is an optional extra for quick copies and should take the form of a docquet of authentication on the first page by an officer of not less than RO1 grade in the following terms:

‘I certify that this [and the following pages] is/are a true copy of a [name of writ] presented for recording in the Sasine Register on … …

Signature

Date

Depute Keeper of the Registers of Scotland’

11.18 Land Register

Any enquirer should be advised that an office copy of the title sheet or part thereof, or document referred to therein, may be ordered from RoS (see Office Copies). If the application is in progress, the advice should be to order a quick copy of Part A of the application form and the relevant deed(s) and to ask for their authentication. The docquet of authentication should be by an officer of not less than RO1 grade (see Authenticated quick copies).

However, it is important to bear in mind that the Keeper is not required to issue copies other than formal office copies, unless their production is demanded by a court. In particular, the Keeper may face a charge of maladministration or breach of confidentiality if he issues a copy of a document not in the public domain.

11.19 Enquiries from agents and members of the public

When dealing with enquiries, no opinion should be expressed as to the validity of a title, or the possibility of an exclusion of indemnity until such time as all the relevant documentation has been examined and a final decision made. In all cases, where this type of question is raised, the answer should be that RoS cannot comment until an application has been made and all the relevant documents and evidence submitted. It is permissible to indicate the documents and evidence required in support of an application. While it may be necessary to discuss legal implications of a case with the submitting agent, care should be taken not to commit RoS to a pre-determined course of action, until all the necessary information is to hand.

Pre-registration Enquiries Section deals with potential legal problems before the application is submitted for registration. This section deals with letter enquiries as well as those by e-mail or fax - telephone enquiries are not accepted.

Any potential enquirers should be advised to contact Pre-Registration Enquiries Section as early in the transaction as possible to ask a specific question and to include the following information:

1. Date of settlement.

2. The problem.

3. All relevant information available.

4. The agent’s proposed solution.

5. Copies of any documents referred to or relied upon.

All enquiries are regarded as urgent, being part of the conveyancing process, and enquirers should be advised not to make general claims of urgency. A decision given by the section is binding on the Keeper in the subsequent application for registration, provided the circumstances are as stated in the correspondence. If the circumstances are radically different, the Keeper may address the problem afresh.

Pre-Registration Enquiries Section will not deal with any enquiry relating to an application currently with the Keeper, nor with hypothetical questions.

If a member of the public seeks advice of a legal nature, i.e. on a question which does not solely concern a technical point about registration, the correct course of action is to suggest they consult a solicitor, as RoS is unable to act as a legal adviser. If a member of the public is unhappy about this policy, the registration officer should seek advice from a senior team leader.

11.20 Ministerial and Parliamentary enquiries

Any communication from the following sources, not bearing a specific reference, should be referred to the Keeper’s secretary without delay:

• Parliamentary Commissioner for Administration (The Ombudsman)

• Members of Parliament

• Members of Scottish Parliament

11.21 Documents relating to individuals

Any correspondence concerning individual members of staff should be passed directly to Human Resources, preferably unopened, e.g. earnings arrestments are noted as such on the envelope addressed to the Keeper. Any earnings arrestments should be passed unopened to Human Resources immediately.

11.22 Press enquiries

These enquiries should be referred to the Marketing Department immediately.

11.23 Indemnity correspondence

Any correspondence relating to indemnity claims or correspondence with a RoS reference beginning with ‘T/ ‘ or ‘A4/ ‘ or ‘SLG/ ‘ should be directed to Legal Services immediately.

11.24 Miscellaneous Documents

Judicial Documents

RoS regularly receives a variety of documents of a judicial nature, e.g. extract orders, extract decrees, certified copy interlocutors and other documents issued under the authority of the courts of law or tribunals. Such documents come in a variety of forms and are not always easily identifiable. Most are intended for recording or registration in the Sasine Register, the Land Register, the Register of Inhibitions and Adjudications or the Books of Council and Session (in the Register of Deeds or the Register of Judgments) and their purpose should be evident from an accompanying form or letter and/or a warrant of registration. Where the purpose is clear, such documents can be processed in the usual way. If it is not clear that a ‘judicial’ document is only being presented for recording or registration, e.g. if unaccompanied by a covering letter, then the document should be referred to Legal Services without delay. Any delay in recognising and responding to such documents could carry serious consequences for RoS and it is necessary to ensure such delays do not occur.

Generally, court documentation naming the Keeper as a party is delivered by Recorded Delivery. However, staff associating mail or examining cases require to take care to ensure no ‘judicial’ document is automatically associated with a case and left in a casebag merely because the document contains a title number. Should a ‘judicial’ document be found in a casebag, without a covering letter or form, Legal Services should be contacted without delay.

A list of common ‘judicial’ documents is as follows: