Requisition and Rejection Policy and Procedures
(Commencement Date 2 April 2001)

 

Update: More than 1 agent involved

26 April 2001

Update: Discharge marked to follow

29 May 2001

Update: Requisitioning Land Certificates to go on Deposit

21 August 2001

 

 

Requisition Policy: Statement of Policy |Exceptional Circumstances | What to requisition/what not to requisition

Statement of Policy
The Keeper’s policy on requisitions is governed by Section 4 (3) (b) of the Land Registration (Scotland) Act 1979 and by Rules 11, 12 and 18 of the Land Registration (Scotland) Rules 1980.

Rule 12, in particular, states that where an applicant has been requested by the Keeper to take action to make an application acceptable for registration, the Keeper must allow a "reasonable period of time as may be fixed by him and intimated to the applicant, being not less than 60 days".

The Keeper’s policy, therefore, is as follows; -
  1. An initial period of 60 days is allowed for the Agent to comply with the requisition.
  2. If the Agent does not respond to the initial requisition, then a further period of 15 days will be allowed, with an L12 reminder letter being both faxed and sent by Royal Mail/DX to the Agent.
  3. Failure to respond to the L12 reminder will result in the application being registered with an exclusion of indemnity, if possible, or being rejected and cancelled, if not.
    see also     Requisitioning LC to go on deposit

 

Exceptional Circumstances
If the Agent responds within the 60 day period but cannot comply with the requisition within that time, then he must provide a compelling case for an extension to be granted. One further period of 60 days may be allowed, if the circumstances permit (for example, if the requisition relates to particularly complex title difficulties and/or there are multiple cases involved, but not where copies of recorded deeds are required and ROS Copy Deeds Service could have been utilised).

In exceptional circumstances, discretion may be applied and a reasonable period for compliance may be agreed, but both parties must be clear about the expiry date of the agreed period. Additionally, if such discretion is being applied, the advice and agreement of the Team Leader must be sought and obtained.

If the Agent fails to respond within the agreed timescale, then an L12 reminder letter will be faxed and sent by Royal Mail/DX giving a final 15 days.

Failure to respond to the L12 reminder will result in the application being registered with an exclusion of indemnity, if possible, or being rejected and cancelled, if not.

 

What to requisition and what not to requisition
The following is a list of items, which do not require to be requisitioned; -

  

Matrimonial Homes Evidence
MH evidence should not be requisitioned under any circumstances.

(a) Where MH evidence is required and has been submitted, then Note 1 should be added.
(b) Where MH evidence is required but has not been submitted, then Note 2 should be added.

 

Discharges/ Deeds of Restriction
Discharges and Deeds of Restriction should not be requisitioned.

The application should be registered as submitted, showing the outstanding Standard Security in the Charges Section.

 

Deeds of Restriction marked "to follow"
Again, these deeds should not be requisitioned nor should the applications automatically be placed in Standover.

The application should be registered as submitted, with the outstanding Standard Security being shown in the Charges Section.

 

Discharges marked "to follow"
The Keeper will not requisition a discharge for an outstanding Security, but will allow 60 days grace for the Agent to submit the Deed as a separate application. This time runs from the Date of Receipt of the application and if the case falls to be legally examined within 60 days, and the Discharge has not yet been received, it should be placed in standover for the remainder of the 60 day period. (As the Land Register System has set standover periods, settlers should ensure that the case is removed from standover 60 days after its receipt). Once 60 days has elapsed since the receipt of the application, the case should be removed from standover and completed showing the outstanding Standard Security in the Charges Section.

 

Certificates of Registration of Charge
Certificates of Registration of Charge should not be requisitioned.

In compliance with the statement on the L19, a period of 60 days, from the date of the L19, will be allowed for the Agent to submit the document. No further time will be given.

If the document is not received within the 60 days, then registration will be completed and indemnity will be excluded from the Charges Section.

 

 

All other evidence, information, documents and amendments required in order to complete registration of the application should be requisitioned in accordance with the procedures set out in the Section Requisition Procedures.

A list of the more common requisitions and how to deal with them is included in Section Requisition Procedures under Practical Guidelines.

Requisition Procedures

These procedures must be strictly adhered to when requisitioning information from or returning documents to Agents.

Standard Procedures | Exceptional Procedures | Practical Guidelines| Special Cases

 

  1. Standard Procedures
    Send the L11B or other appropriate letter making the requisition or the L75 returning the original of the deed which requires amendment to the submitting Agent by post (DX or Royal Mail).
  2. Add a note to the Application Workdesk Notes and Instructions detailing the action taken, place a copy of any returned deed in the casebag and send the casebag to Standover for 60 days.
 

3.

(i) If the Agent complies within the 60 days, the application for registration can be completed without further delay.

(ii) If the Agent does not respond within the 60 days, an L12 reminder must be faxed to the Agent, with the principal copy of the faxed L12 letter following by post (DX or Royal Mail).

If more than one submitting Agent is involved, then an L11Batt must be sent to each subsequent Agent at this stage to inform them of the possibility of the whole application, including their submission, being cancelled.
(Updated 26 April 2001)

(iii) If the Agent does not respond to the L12 reminder, then the application is registered with an exclusion of indemnity, if possible, or rejected and cancelled forthwith, following current cancellation procedures, if not. A Note must be added to the Title Workdesk.
see also Requisitioning LC to go on deposit

 

Exceptional Procedures
  • If the Agent responds within the 60 days but cannot comply with the requisition within that period, one further period of 60 days may be allowed. Any extension to that period must be agreed with the team leader and the Agent.
  • If the Agent does not comply with the requisition within the agreed timescale, then an L12 reminder must be faxed to the Agent, with the principal copy of the faxed L12 letter following by post (DX or Royal Mail).
  • If the Agent does not respond to the L12 reminder, then the application is registered with an exclusion of indemnity, if possible, or rejected and cancelled forthwith, following current cancellation procedures, if not.
    •

     

    Practical Guidelines
    Undernoted is a table containing some of the more common requisitions made by the Keeper and what action is required by the settler. The list is not exhaustive and any other requisitions must comply with these procedures.

    Reason

    Initial Action

    Secondary Action

    Final Action

    Copy of recorded deed required

    1. Requisition using L11B3
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response: Refer to Team Leader to

    1. Exclude indemnity or
    2. Cancel application

    Note: Following standard practice, exclusions of indemnity must be authorised by a Senior Team Leader.

    Document, evidence or information required

    1. Requisition using L11B2
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12 (and L11Batt, if required)
    2. Standover 15 days

    If still no response:
    1. Exclude indemnity or
    2. Refer to team leader to cancel application
      3.

    Note: Following standard practice, exclusions of indemnity must be authorised by a Senior Team Leader.

    Document returned for amendment

    1. Return using L75
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12 (and L11Batt, if required)
    2. Standover 15 days

    If still no response:

    Refer to team leader to cancel application

    Adverse entry in Register of Inhibitions

    1. Do up-to-date search
    2. If adverse entry still applies, send L23
    3. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    1. Show adverse entry and
    2. Exclude indemnity

    Note: Following standard practice, exclusions of indemnity must be authorised by a Senior Team Leader.

    Consolidation of Property with Superiority

    1. Requisition information using L70A and B
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Register both interests under separate Title Numbers

    Deduction of Title/Missing links in Title

    1. Requisition using L11B2
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Register as is but exclude indemnity

    Note: Following standard practice, exclusions of indemnity must be authorised by a Senior Team Leader.

    Evacuation of Survivorship Destination

    1. Requisition evidence per Memo L3/00
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Register as is but exclude indemnity

    Note: Following standard practice, exclusions of indemnity must be authorised by a Senior Team Leader.

    Exclusion of Indemnity
    (except re Certificate of Registration of a Charge)

    1. If exclusion is not related to failure to respond to a requisition, then inform Agent of circumstances
      2.
    2. Standover 60 days

     

    If no response:

    Register as is and exclude indemnity

    Note: Following standard practice, exclusions of indemnity must be authorised by a Senior Team Leader.

    Feu Duty
    (only if an Extract Order is identified from Search Sheet)

    1. Requisition evidence using L11B2
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Register as is but show Feu Duty information

    Identification of subjects on the Ordnance Map (including Mixed Fees)

    1. Requisition the relevant information
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12 (and L11Batt, if required)
    2. Standover 15 days

    If still no response:

    Refer to team leader to cancel application

    Land Certificate not submitted
    (Rule 18 not invoked)
    see also below: LC to go on deposit

    1. Requisition using L11B2
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Refer to team leader to cancel application

    Over-riding Interests
    (only if identified from DIR or search sheet)

    1. Requisition using L11B2 or L84
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Register application, making no reference to over-riding interest

    Stamp Duty

    1. If necessary, send deed to Inland Revenue for marking
      2.
    2. Return to Agent using L75 or L11B2
    3. Standover 60 days

    If no response:
    1. Fax and post L12 (and L11Batt, if required)
    2. Standover 15 days

    If still no response:

    Refer to team leader to cancel application

    Title Number omitted, incomplete or incorrect
    (identified at Intake stage)

    Return whole Application to Agent to resubmit under correct Title Number

     

     

    Title Number omitted, incomplete or incorrect
    (identified at Settle stage)

    1. Return document using L75
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12 (and L11Batt, if required)
    2. Standover 15 days

    If still no response:

    Refer to team leader to cancel application

    Part B of Forms 1, 2 or 3 unanswered, incomplete or incorrect

    1. Return form using L75
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12 (and L11Batt, if required)
    2. Standover 15 days

    If still no response:

    Refer to team leader to cancel application

     

     

    Special Cases

    Deeds of Variation of recorded Standad Securities
    In accordance with Registration Practice Memo No.1/2001, applications for registration of Deeds of Variation of recorded Standard Securities that are not accompanied by an application for registration of the recorded Standard Security will be rejected by Intake staff on or after 20 February 2001. All such applications will be returned to the Agent so that the correct application forms and registration fee may be submitted.

    However, there may be some applications for registration of Deeds of Variation of recorded Standard Securities received by the Keeper on or before 19 February 2001 for which there is no application to register the Standard Security.

    Such cases only should be dealt with as follows:

    Reason for Requisition

    Initial Action

    Secondary Action

    Final Action

    Deed of Variation (Standard Security recorded not registered)

    1. Requisition Forms 2 and 4, fee and Standard Security
      2.
    2. Standover 60 days

    If no response:
    1. Fax and post L12
    2. Standover 15 days

    If still no response:

    Refer to Team Leader to cancel application

    Since the Keeper’s policy is to reject such applications, no cancellation fee will be charged for any such applications, received on or before 19 February 2001, which have been accepted for registration and which are subsequently cancelled.

     

    Update 21 August 2001: Requisitioning Land Certificates to go on Deposit
    On receipt of the first TP from a Parent Title which has been issued, TP Support will requisition the Land Certificate. It is the responsibility of the Agent who submits the application to obtain the Land Certificate, however, in practice it is usually held by the seller's Agent. TP support staff can ascertain who holds the Land Certificate by either (i) examining Microfiche/archive to establish to whom LC was issued after previous transaction, (ii) checking the TP application for a Deed of Restriction/Disburdenment where the Form 2 will reveal the seller's solicitor or (iii) contacting the Agent who submitted the TP application and asking them for the information. Once it has been established who holds the Land Certificate the requisition process can be initiated.

    This will be done by issuing two letters.

    1. Letter L82A to the Agent who has submitted the TP application,
      This letter will notify the Agent that the Land Certificate should be submitted to be placed on Deposit. It will inform him that we have written to the Agent who holds the Land Certificate asking him to submit it. The final paragraph of the letter states that failure on the part of the seller's Agent to comply with the requisition within 60 days will result in the TP application being cancelled.
    2. Letter L82 to the Agent who currently holds the Parent Title Land Certificate. This letter will notify the Agent for the seller that we are in receipt of an application to register a Transfer of part and that he is holding the principal Land Certificate. It requests that it should be submitted to be placed on Deposit. The final paragraph of the letter states that failure on the part of the seller's Agent to comply with the requisition within 60 days will result in the TP application being cancelled.

    Action on expiry of 60 day deadline
    After expiry of the 60 day deadline both Agents will be sent L12 reminder letters intimating cancellation if no response within 15 days. If there is still no response the case will be cancelled. If there are other TPs from the same Parent Title the procedure will then be repeated with the Agent submitting the second TP application.

    4. Requisition and Rejection Policy and Procedures

    The Requisition and Rejection Policy and Procedures will be updated to incorporate these arrangements.

     

    Rejection Policy

    Definition | Statement of Policy

     

    Definition

    For the purpose of clarity, rejection is defined as non-acceptance of an application for registration by the Keeper. Rejection may occur at any stage of the registration process between receipt of the application in Intake and the point where the application is confirmed at Legal Settle stage.

    Cancellation, on the other hand, refers to the internal procedure carried out by the Keeper to remove the rejected application from the record.

    Statement of Policy
    The criteria for acceptance of an application for registration are set out in Section 4 of the Land Registration (Scotland) Act 1979 and in Rules 11 and 18 of the Land Registration (Scotland) Rules 1980.

    The Keeper’s policy is that all applications for registration are accepted at Intake stage.

    There are only two exceptions to this rule:

    1. those which contain inappropriate, incomplete or unsigned application forms; and
    2. those which do not contain the correct financial information and submissions, (i.e. no cheque, incorrect registration fee, unsigned or undated cheque, cheque not payable to ROS, amount in words does not match amount in figures in either cheque or document).

    For the avoidance of doubt, applications for registration of Deeds of Variation of recorded Standard Securities, received on or after 20 February 2001, which are not accompanied by applications for registration of the recorded Standard Securities fall into both categories, since they contain neither the correct application forms nor the correct financial submissions and so they will be rejected at Intake stage. Registration Practice Memo No 1/2001 provides further clarification.

    Under Sections 4 (2) (b) and (c) of the 1979 Act, the Keeper is obliged to reject applications relating to souvenir plots and applications which are frivolous or vexatious.

    It is, however, usually impossible to determine from the face of the application whether it falls within the terms of the above sections. A thorough examination of the application is required before the decision can be taken that the application relates to a souvenir plot or is frivolous or vexatious.

    As it is not possible to examine every application at Intake stage to check that it does not fall within the terms of Section 4 (2) (b) and (c) before it is accepted on to the Register, the Keeper’s policy remains that, providing the application forms are correct and the financial aspects are correct, all applications will be accepted for registration.

    Applications for registration which, after examination, are deemed to be souvenir plots, frivolous or vexatious will be rejected in the normal manner.

     

    Rejection Procedures
    Applications which fall within the excepted categories, as defined in Section Rejection Policy, under Statement of Policy above, will be returned to the submitting Agent by Intake officers. All documents, forms and cheques will be returned with an explanatory letter.

    Applications which are rejected at a later stage during the registration process will be dealt with in terms of the current Cancellation Procedures, which may be found on the appropriate Bias for Action Intranet web page.