Last year Registers of Scotland hosted the Future of Conveyancing Conference on behalf of the industry. During the conference we asked for your feedback on the practical changes you’d like to see and what challenges may stand in our way.

Amongst a range of responses, it was evident that the industry had an interest in Digital Registration and Qualified Electronic Signatures. Since then, RoS has committed to a range of actions to explore these topics including our Digital Registration Proof of Concept.

On 16 June, with the support of legal firm CMS Cameron McKenna Nabarro Olswang LLP (“CMS”), RoS completed the next phase of our Digital Registration Proof of Concept (PoC) activity. Following the ‘wet signature’ transaction which was successfully completed in April, we have now taken our work to the next stage with the completion of a Qualified Electronic Signature (QES).

We have always been clear that to achieve progress in this area we need the support and collaboration of the industry and RoS has been encouraged by the number of Law Society members expressing an interest. That is why we were pleased when Professional Support Lawyer, Elaine Piggot from CMS Cameron McKenna, got in touch about the possibility of accepting a QES PoC application in a case where they represented both parties.

We could see that this was an opportunity to expand our work to further investigate the possibilities for digital signage. We agreed to support the application and using content supplied by CMS Cameron McKenna created a PDF disposition deed capable of being QES signed. Their client was then able to complete the signature electronically and we were able to validate it.

RoS is keen to develop the conditions to accept documents executed electronically with the hope that this will encourage innovation of the underpinning technology and normalise QES use. Learning from this proof of concept will support RoS commitment to meet the evolving needs of its customers. It will also support RoS towards our goal of truly end to end digital registration.

The certainty and reliability provided by an application generated within our systems and signed with QES will lead the way to fewer rejections and greater scope for automation. This knowledge will support the development of the Land Register and the functionality of ‘Register Land and Property’. It will also help inform future plans to open the Books of Council and Session, the concept of which dates back to the 1500s, to electronic documents signed by QES.

Elaine Piggot from CMS Cameron McKenna said:

I have always been an advocate for qualified electronic signatures. I believe it’s the best way forward to achieve fast, smooth and efficient transactions. Making this transition a reality will have significant benefits, not just for our clients but for industry at large; particularly in relation to commercial conveyancing.

I have been following RoS’ proof of concept journey with interest so when a transaction arose which I thought could provide a tangible next step in the process our team were keen to be involved.

I’m delighted that this next stage in the proof of concept has proved a success and that CMS has played a part in supporting the growth and innovation of conveyancing in Scotland.

You can continue to follow RoS’ progress in future blogs.