S7.2.5 Further notes on Sasine procedure for dealing with deeds for Pres or Pres/Ex:

If the agent has indicated either of the above services on the SAF, and has paid the appropriate fee, intake staff will complete the yellow pres/ex slip and attach it to the deed.

It is the drafter’s responsibility to check that the deed has the appropriate consent for execution (this is usually found just before the testing clause but it could be anywhere in the deed), and if so, to tick the box on the yellow slip. This is the instruction to the Print room staff to stamp up the deed correctly. If this is not done, the deed will just be stamped for preservation. PRES. or PRES./EX. should continue to be added to the minute – this allows the correct style of extract to be drawn up. (The entry in the Record Volume will have a preamble referring to the recorded deed also being recorded for preservation/preservation and execution in the Books of C & S.) If the consent does not appear then the drafter should contact the Agent. If the deed does require to be registered for Execution then it will have to be withdrawn for amendment. If the Agent confirms that it does not have to be registered for Execution it can still be taken on for preservation. If the Agent confirms that preservation is not necessary then refer to Sasine Intake TL/Referral point. They will remove the yellow slip from the deed and take a copy of the SAF so that they can request a refund from Finance. The drafter should ensure in this case that PRES. or PRES./EX. is not shown in the minute.

It is unlikely that certain deed types will be intended for preservation – particularly Discharges & run-of-the-mill Standard Securities and Dual Registration Dispositions. It is not uncommon for presenting agents to incorrectly ask for this on the SAF, so drafters should be alert to this and contact the agent if it seems unlikely that preservation would be necessary. If there is any doubt it is better to call. Intake staff will be instructed to query this too, but drafters are better placed to make the decision. 

If there is no yellow form but the SAF is marked for Pres. or Pres./Ex. then the drafter should contact the Agent. If it was intended for Pres. or Pres./Ex then it has to be pre-paid and we cannot do this retrospectively. The option is for the deed to complete the recording process and for the Agent to present the deed direct to the Books of Council and Session once they have got the recorded deed back or, alternatively, to withdraw the deed and have it re-presented to incorporate the preservation with the additional funds, but, of course, they will lose their original date of recording.