What is ARTL? | ARTL History
In
line with Government policy on the development of the delivery
of public services by electronic commerce, Registers of Scotland
has been developed a system of electronic registration of applications
for registration of property in the Land Register. This system
provides a quicker more efficient and cheaper system of registration.
The new system is called Automated Registration of Title to Land
(ARTL) and enables registration of land and property that is already
registered in the Land Register with little or no human intervention
in the process.
The
Land Register of Scotland recognises 3 types of application
for registration, namely:
1) First Registration
(of property not previously registered in the Land Register)
2) Dealing with Whole
(an application for properties already registered in the
Land Register)
3) Transfer of Part
(an application for registration relating to a conveyance
of part of a title that is already registered, i.e., a subdivision). |
ARTL introduces paper-free applications in respect of type 2.
This includes any transaction by which the whole of the registered
land or property is transferred and any transaction by which
any charge in or over registered land is created or removed,
e.g. mortgage deeds, discharges, etc. ARTL does not extend to
First Registrations and Transfers of Part as registration types
1 and 3 do not lend themselves easily to a concept of automated
registration.
Under the system of automated registration, applications to
register Dealings are registered electronically, with the Land
Register being updated automatically subject to back-office
checks by Agency staff.
Any system of land registration must be able to retain public
confidence and it is essential that the high level of protection
and security that is presently afforded to the public through
current registration procedures must continue with any new system
of registration. Robust safeguards have therefore been built
into the structure of ARTL. The aim has been to develop a system
of registration that will provide improved security.
The ARTL Project has included many stakeholder groups who are
all actively involved in the Project. They include firms of
solicitors, financial institutions and their representative
bodies, respectively the Law Society of Scotland and the Council
of Mortgage Lenders, as well as Her Majesty's Revenue and Customs
(HMRC) and the Scottish Consumer Council.
The key elements that underpin the ARTL system of registration
are as follows:
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The concept of an "electronic transfer" using
"Digital Deeds" rather than paper deeds. Digital
deeds are created using templates and certain parts
of the deed are pre-populated with information from
the register and from other parts of the remainder of
the application for registration. The deeds are held
in the ARTL system and authenticated by the solicitors
involved in the property transaction. |
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The
law on format, validity and evidential status of property
deeds and certificates of title was contained in primary
legislation that envisaged only physically signed or
sealed paper documents. Changes have therefore been
necessary to ensure that electronically certified digital
deeds are legally equivalent to the paper documents
that they will replace. This, with other changes, is
discussed in more detail on the under legislation. |
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PKI
system - The Public Key Infrastructure (PKI) associated
with the ARTL system allows digital certificates to
be made available to ARTL users under robust, secure
and controlled arrangements. Digital certificates provide
the means of applying digital signatures to ARTL electronic
documents.
The ARTL PKI is of a type known as a closed, tactical
PKI. In effect, this means that the digital certificates
will be issued to licensed ARTL users only and they
cannot be used for any purpose other than the purposes
of ARTL. |
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Accreditation
of users of the system by the Agency. |
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Positive
identification and recording of all actions taken by authorised
users, with the Agency being able to track and monitor
registrations made electronically. |
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Retention
by the Agency of all digital deeds. |
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Automatic
processing of applications for registration, subject to
appropriate controls, checks and balances. |
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Registration
fees are collected by direct debit arrangement from solicitors;
as will Stamp Duty Land Tax (the UK tax on property transactions). |
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Cost
benefits. Details of the registration fees for ARTL transactions
can be found at www.ros.gov.uk/updates |
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The
"registration gap" (the period between settlement
of the transaction and the gap between submission to the
Keeper and completion of registration) is minimised and
in many cases eliminated. |
The Process
The ARTL system is available via the Internet. Many solicitors
firms who use the ARTL system of registration have case management
systems and the ARTL application should be able to interface
with such systems. However there will be no need for any specialist
case management systems in order to be able to use ARTL.
Development of the ARTL system has required significant stakeholder
engagement. Stakeholder engagement has involved the creation
of the External Stakeholder User Group and the Institutional
Lenders Group. With input from these groups computer based training
modules have been developed and can be accessed at ARTL Demo's.
Further computer based training modules and an online training
environment have being developed and are now available to users
and potential users. This will be available to users and potential
users as well as by Agency staff to further inform, within the
stakeholder community, the understanding of the processes and
the use of ARTL, including transactions, digital deeds, document
authentication and non-repudiation.
The ARTL system is being introduced in 2008.
Legal
status of electronic documents and digital signatures (24.4kb)
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1997
International review of concepts of automated registration
undertaken by RoS staff member Ian Burdon under UK Government
Study Fellowship.
1998
Ian Burdon’s review published
by RoS as book entitled "Automated Registration of Title
to Land”.
Decision taken by RoS to adopt automated registration as a
corporate objective.
ARTL project set up with Ian Davis, Head of Legal Services,
as Senior Responsible Owner and Andy Martin as Project Manager.
1999
Proof of concept model developed
with help of Thorntons, Solicitors, Dundee.
Model exhibited at Law Society Annual Conference.
Discussions held with Inland Revenue about collection of Stamp
Duty via ARTL.
ARTL Steering Group set up to allow external representation.
2000
Proof of concept model demonstrated
to mortgage lenders’ Deeds Conference.
Strong interest expressed by Nationwide and Abbey National
Building Societies.
2001
Limited ARTL pilot using proof
of concept model run with several law firms.
First parallel application completed by John Leyden of Morton
Fraser, with successful results.
2002
Constructive feedback obtained
through post-pilot consultation.
Memorial submitted to Professorial Panel (Professors Brymer,
Gretton, Paisley & Rennie) on issues raised by ARTL team
and stakeholders.
Presentations made to numerous stakeholders.
2003
ARTL nominated as Finalist
in Society of Computers & Law award for innovation.
Opinion by Professorial Panel delivered.
2004
ARTL re-cast as major project
within RoS Change Programme.
Legislative change requirements investigated: s8 Electronic
Communications Act 2000 seen as key to success.
Variable direct debit identified as means of electronic funds
transfer.
Key stakeholder representatives, Tom Drysdale & David
Preston, appointed.
ARTL awarded ‘amber light’ by Scottish Executive
Gateway Review.
2005
System design initiated by
BT, newly appointed IT/business partner of RoS.
ARTL Implementation Group established by Law Society of Scotland.
Mandates developed to allow solicitors to digitally sign digital
deeds for clients.
Digital certification and Public Key Infrastructure identified
as preferred methods of providing solicitors with digital
signatures for ARTL.
ARTL/SDLT linkage enabled by Finance Act 2005.
New ARTL Demonstrator built and put into use at stakeholder
meetings.
Consultation exercise on draft s8 Order undertaken.
2006
“Tell Me Don’t
Show Me” questions devised for ARTL applications.
SDLT payment mechanism approved by HM Revenue & Customs.
Legislative change achieved: ARTL (Electronic Communications)
(Scotland) Order 2006, Land Registration (Scotland) Rules
2006, Fees in the Registers of Scotland Amendment Order 2006,
Solicitors (Scotland) (ARTL Mandates) Rules 2006, etc.
eServices Support Desk Project set up to support ARTL and
other e-services.
Deed templates (Standard Securities, Discharges) obtained
from lenders.
ARTL roadshows provided to Scottish solicitors.
2007
Decision taken by RoS/BT to
split ARTL delivery into 2 releases: (1) “Blue”
(Standard Securities, Discharges); (2) “Turquoise”
(Dispositions, other deeds).
Licences to use ARTL granted to more than 500 organisations.
Preparations for rollout of ARTL stepped up.
“Blue” functionality is trialled: first transactions
successfully processed.
1000th ARTL application processed on 21 December 2007.
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