Making the Act work
Professional Practice column: the Society is working on the Registers consultation on implementing land registration reforms, and practitioners are encouraged to provide input
As the first substantial legislative revisal since the introduction of land registration by the Land Registration (Scotland) Act 1979, the Land Registration etc (Scotland) Act 2012 ("the Act") intends primarily to lend statutory strength to much of the Keeper's current practice. It also, however, introduces a number of substantial changes, including the introduction of a criminal offence. Practitioners are encouraged to familiarise themselves with the impending changes as early as they can.
Practitioners will be aware that implementation of much of the Act is currently scheduled for November 2014. As part of the process, Registers of Scotland (RoS) is currently considering what the regulations that will underpin the Act will look like, and this is our chance to inform that process. Registers has published its consultation paper on the implementation of the Act, which can be found at www.ros.gov.uk/public/publications/consultations.html
The consultation asks practitioners 66 questions on many aspects of the Act, ranging from what information ought to be displayed on title sheets, the effects of registration, the extent of the Keeper's warranty and the format and effects of advance notices.
The Property Law Committee has set up a subcommittee which will, in the first instance, respond to the consultation, and thereafter assist the Keeper in formulating guidance on the Act itself. The subcommittee expects to meet regularly over the next nine months to discuss the implementation of the Act. The subcommittee, known as the RoS Liaison, will be chaired by Ross MacKay, convener of the Property Law Committee.
Alison Mackay, of the Society's Professional Practice department, will be the secretary to the RoS Liaison, and any enquiries should be made to Alison in the first instance (firstname.lastname@example.org). Mark Shepherd, also of the Society's Professional Practice department, will be acting secretary to the Property Law Committee in my absence on maternity leave (email@example.com). Both he and Alison can be reached on 0131 226 8896.
While the Property Law Committee will submit its response to the consultation, both RoS and the Property Law Committee strongly encourage practitioners to submit their own responses to the questions posed. The deadline for submission of responses to RoS is 9 December 2013.
Kaira Massie is a solicitor in the Society's professional practice team and is now on maternity leave. The team can be contacted on 0131 226 8896 or firstname.lastname@example.org