Fee review: as you were
The outcome of the latest biennial fees review, and a note on the effect of the recent Consequential Provisions Order
In line with our commitment to review fees every two years, Registers of Scotland has recently undertaken this process. It allows Scottish Ministers to set fees at levels that enable us to fulfill our statutory role while continuing to provide real value for money for our customers.
For more information on this, please visit www.ros.gov.uk/fees
After careful consideration, and in consultation with Scottish Ministers, we have decided not to introduce a new Fees Order at this time. This means that the current fees remain fixed at the levels agreed in 2010. As per our own commitment to a biennial fee review, we are scheduled to begin the review process again later this year, with a view to implementing any agreed changes in autumn 2014. RoS intend to begin a 12-week consultation with stakeholders and members of the public in late 2013. The new processes required as a result of the Land Registration etc (Scotland) Act 2012 will make a new Fees Order a necessity.
Section 108: consequential fees amendment
On 27 September 2012, the Scottish Ministers made the Land Registration etc (Scotland) Act 2012 Commencement (No 1) Order 2012. Amongst other provisions, that Order brought into force s 108 of the 2012 Act on 1 November 2012.
Section 108 provides that the Keeper of the Registers of Scotland (“the Keeper”) may provide consultancy, advisory or other commercial services. This allows commercial rates to be charged for the provision of these services, such as bespoke Property Data Information services or consultancy, which are outwith the Keeper's main statutory functions.
The Fees in the Registers of Scotland (Consequential Provisions) Amendment Order 2013 was laid before the Scottish Parliament on 25 February 2013 and is currently completing its parliamentary process with a view to coming into force on 1 April 2013. This makes a small amendment to our current Fees Order to enable fees to be charged under s 108, and will have no impact on any of the fees charged by the Keeper in respect of her primary statutory functions of registration, access to the registers and making information available from the registers.
As at 1 March 2013:
- 68,476 applications have been made
- 696 solicitors’ firms are currently on the ARTL system
- 29 lenders are currently on the ARTL system
- 13 local authorities are using the system
ARTL can now process applications containing a transfer with a value of more than £1 million.
For up-to-date information and a full list of participating practices and companies, go to www.ros.gov.uk/artl
Registers of Scotland is encouraging voluntary applications for registration of titles in the Land Register