Registers of Scotland Digital Transformation: Next Steps

Annex A

The statutory framework

1. The 2012 Act, brought in on 8 December 2014, provides various regulation-making powers for Scottish Ministers:

• Section 99(1) provides that the keeper may, by means of a computer system under her management and control, enable the creation of electronic documents; the electronic generation and communication of applications for registration in the register; and automated registration in the register. Section 99(3) further provides that the Scottish Ministers may, by regulations, make provision about this computer system;
• Section 100(1) provides that the Scottish Ministers may, by regulations, make provision to enable the recording of electronic documents in any register under the management and control of the keeper; and regulating the procedure to be followed;
• Section 115(1) provides that the Scottish Ministers may, by regulations, make land register rules for a variety of purposes, including regulating the making up and keeping of the register; the procedure in relation to applications for registration; prescribing forms to be used in relation to the register and other matters;
• Section 9B of the requirements of Writing (Scotland) Act 1995 ("the 1995 Act") provides that the Scottish Ministers may set requirements by regulations for the validity of electronic documents and their authentication by a particular person;
• Section 9C of the 1995 Act provides that the Scottish Ministers may set requirements by regulations for electronic documents to be presumed to be authenticated or certified as authentic;
• Section 9E of the 1995 Act provides that the Scottish Ministers may make further provision about authentication, alteration or annexations to electronic documents;
• Section 9G of the 1995 Act provides that the Scottish Ministers may make provision about the form and type of electronic documents, electronic signatures and certificates to be registered in the registers under the management and control of the Keeper.

2. Three main sets of relevant regulations were brought in under the 2012 Act:

• The Land Register Rules etc. (Scotland) Regulations 2014 ( SSI 2014 No. 150);
• The Electronic Documents (Scotland) Regulations 2014 ( SSI 2014 No 83); and
• The Land Register of Scotland (Automated Registration) etc. Regulations 2014 ( SSI 2014 No. 347).