Part 7 - Quick Guide

This part of the guidance summarises the requirements for each type of certificate.

RCS 62.40(4) - Certificate under Schedules 1 or 3C of Civil Jurisdiction and Judgments Act

Request must be in writing, clearly stating type of certificate required and requesting extract of registered deed from BCS
Affidavit must be enclosed with request confirming that enforcement of agreement not suspended and time for enforcement not expired
Officer must be satisfied as to required content of certificate
Sample certificate is contained in Annex 1
Fee currently £10 which includes cost of 1 extract per certificate

RCS 62.40(5) - Certificate under Article 57 (authentic instrument) and Article 58 (court settlement) EC Regulation 44/2001

Request must be in writing, clearly stating type of certificate required and requesting extract of registered deed from BCS
Affidavit must be enclosed with request confirming that enforcement of agreement or other document not suspended and time for enforcement not expired
Officer must be satisfied as to required content of certificate
Sample Article 57 at Annex 2 and style of Article 58 certificate at Annex 3
No fee for certificate but usual fee charged for each extract requested.

Useful links

RCS 62.41 - Certificate under Schedule 6 of Civil Jurisdiction and Judgments Act - money provision

Request must be in writing, clearly stating type of certificate required and requesting extract of registered deed from BCS
Affidavit must be enclosed with request confirming the (1) sum or aggregate of sums including interest and expenses payable and unsatisfied (2) enforcement not suspended (3) time for enforcement not suspended (4) details of address of person entitled to enforce the money provisions plus last known address or usual address of person liable
Officer must be satisfied as to required content of certificate
Sample certificate at Annex 4
Fee currently £10 which includes cost of one extract per certificate

RCS 62.42 - Certificate under Schedule 7 of Civil Jurisdiction and Judgments Act - non-money provisions

Request must be in writing, clearly stating type of certificate required and requesting extract of registered deed from BCS
Affidavit must be enclosed with request confirming the (1) enforcement not suspended (2) time for enforcement not expired 3) details of address of person entitled to enforce the money provisions plus last known address or usual address of person liable to execution
Officer must be satisfied as to nature of obligations being enforced. certificate
Sample certificate at Annex 5
Fee currently £10 which includes cost of one extract per certificate

RCS 62.84 - Certificate under EC Regulation 805/2004

Although rule does not state, Keeper considers deed being enforced must be registered for execution
Request must be in writing, applicant not, in terms of RCS required to request extract- if not officer must confirm deed in question was registered and brief check of contents
Affidavit must be enclosed with request confirming that (1) claims relates to payment of money (2) deed is enforceable inScotland (3) other information required by the form of certificate
Sample certificate at Annex 6
No fee for certificate but charge extracts requested at usual fee

CAJR Manual