Terms and conditions
REGISTERS OF SCOTLAND (RoS) ONLINE SERVICES TERMS AND CONDITIONS
- Digital Intake (Land Register and Sasines)
- Register Land and Property (RLP)
- Digital Applications to the Register of Inhibitions/Judgments
- Entries in the Register of Persons Holding a Controlled Interest in Land (RCI)
Together being “RoS ONLINE SERVICES”
Please note that as new Online Services are rolled out they may be done in a Beta environment (initially potentially as Private Beta, progressing to Public Beta or by Public Beta alone as appropriate). Where that is the case additional Beta Terms and Conditions may apply reflecting the fact that such an environment may be subject to enhanced testing and development. Such Terms and Conditions will fall to be read alongside these Terms and Conditions and in the same way, any further Terms and Conditions for the different services contained in RoS ONLINE SERVICES will fall to be read alongside these Terms and Conditions.
1. Introduction and general principles
RoS ONLINE SERVICES allows on screen completion of various registration and application forms used in the registers maintained by the Keeper of the Registers of Scotland.
RoS ONLINE SERVICES are provided by the Keeper at the Keeper’s sole discretion to registered users, free of charge and without acceptance of any liabilities.
Crown copyright subsists in these RoS ONLINE SERVICES and registration includes a copyright licence permitting free reproduction with restrictions.
2. Definitions and interpretation
Means an administrator(s) nominated by the Organisation to act on its behalf in relation to RoS ONLINE SERVICES, who shall by default automatically be the first user of an Organisation who applies for and is accepted by the Keeper for use of RoS ONLINE SERVICES.
Means any and all text, images, maps, audio, video, scripts, code, software, databases and any other form of information that appears on, or forms part of, or is accessible through, or requested through the RoS ONLINE SERVICES.
“Data Protection Law”
Means all and any applicable data protection legislation in force in the UK from time to time.
Means the application forms: Applications for advance notices; Application for registration; Notification of inaccuracy in the land register, SAF, DA1-3 and C&S1; forms created using the discharge service, forms used to make an entry in the RCI, together with, in each case, all future variations thereof and such further forms as the Keeper may choose to include in RoS ONLINE SERVICES.
Means the Keeper of the Registers of Scotland. The address for the Keeper for any enquiries or service of any document in respect of these terms is Meadowbank House, 153 London Road, Edinburgh EH8 7AU or firstname.lastname@example.org.
Means a business or other organisation which has been registered to use ROS ONLINE SERVICES including (without limitation) a company, firm, partnership or sole trader, authority or other such entity or enterprise.
“The RLP Dashboard”
Means the manner in which RoS allows each Organisation access to all of their current applications within RLP.
Means a single person with a unique email address who has been authorised by the Keeper and the Administrator to use the RoS ONLINE SERVICES and who has been assigned a log-in script in terms of clause 4 hereof.
In these terms, except where the context otherwise requires, (a) words denoting the neuter gender include the feminine and masculine; (b) words denoting the singular include the plural and vice versa; (c) any reference to an Act of Parliament, Act of the Scottish Parliament or Scottish Statutory Instrument includes reference to that measure as from time to time amended, extended or re-enacted.
The paragraph headings do not form part of these terms and do not apply to limit the interpretation or application of these terms.
3. Organisational Responsibilities
The Administrator warrants to the Keeper that it has the power to bind the Organisation to these Terms and Conditions and the Keeper may ask to see evidence of this.
The Administrator may appoint additional Administrators and if any person, being the sole or remaining Administrator ceases to be the Administrator for any reason, the Organisation shall appoint a new Administrator as soon as practicable.
The Administrator by nominating the User warrants to the Keeper that it has authorised the User to use any part of RoS ONLINE SERVICES and that it is within the User’s power to bind the Organisation for any entry made for RoS ONLINE SERVICES.
If an employee or User of the Organisation uses or permits another person to use their account any activity on such accounts will be the responsibility of the Organisation.
4. User registration
An application to use all or any part of RoS ONLINE SERVICES shall be in such form as is from time to time determined by the Keeper. Such application shall be an offer by the prospective User (sanctioned by the Administrator) to become a User and to be bound by these terms and conditions. If such offer is accepted by the Keeper, these terms (together with any additional terms accepted to access any register) contain and constitute the whole agreement between the parties with respect to the supply and use of RoS ONLINE SERVICES and supersede any prior or contemporaneous agreements or understandings.
If the Keeper accepts the application, the Keeper will assign to the User a log-in script. When first accessing RoS ONLINE SERVICES the User will change the password element of the log-in script. The User must keep the password safe and secure and may not disclose it or permit it to become known to any third party.
The User uses RoS ONLINE SERVICES in the capacity as employee, agent or servant of the Organisation and the User binds the Organisation to these terms as if they were the Organisation’s acts, omissions and breaches up until such time as the Organisation has deactivated, or requested that the Keeper deactivates, that User’s access to RoS ONLINE SERVICES.
The Keeper may, at the Keeper’s sole discretion and without being required to give any reason, refuse any application for registration as a User.
5. Permitted use, warranty and restrictions
The permitted use of RoS ONLINE SERVICES is for completion of the forms in the course of the normal and lawful practices of complying with statutory registration duties relating to land and property in Scotland, conveyancing activities, and/or searching of public registers.
No other use is permitted without the prior written approval of the Keeper. The User warrants that it shall use the service only for lawful purposes.
Other than with the express prior written agreement of the Keeper, no User or other party may (1) decompile, reverse engineer or disassemble RoS ONLINE SERVICES or (2) modify, sell, rent, transfer, create derivative works based upon or incorporating, or distribute RoS ONLINE SERVICES or any part thereof.
Each User represents and warrants to the Keeper each time an electronic document or certification is authenticated that (a) it has taken reasonable steps to verify to the best of its knowledge and belief that all information in the electronic document or subject to the certification is true and correct; (b) the User has authority to authenticate any certification made on its behalf; and (c) proper steps have been taken to ensure that the User has authority to authenticate any electronic document which is so authenticated on behalf of its granter.
In the event that a digital extract is provided by RoS each User represents and warrants that it will take reasonable steps to verify that the terms of the extract are consistent with the terms of the electronic document submitted.
The Organisation and the User must abide by the Acceptable Usage Policy in Appendix 1 of these terms and conditions.
6. Ownership, withdrawal and modification
This agreement gives the User limited rights to use RoS ONLINE SERVICES and to generate Crown copyright forms. The User does not become owner of any intellectual property right in RoS ONLINE SERVICES or the forms. All rights not specifically granted in this agreement are reserved to the Crown.
The Keeper may at the Keeper’s sole discretion and without notice withdraw or modify RoS ONLINE SERVICES at any time.
Any information obtained from using RoS ONLINE SERVICES may include intellectual property rights that are owned and licensed to the Keeper by Ordnance Survey Limited (OS) or Royal Mail. Such information may be reproduced by the User solely for internal use or for provision by the Organisation to its clients for any purpose directly connected to the Keeper’s core registration business. If the User wishes to use the OS and/or Royal Mail information for any other purpose it must contact OS and Royal Mail directly to arrange this.
7. Disclaimer and exclusion and limitation clauses
RoS ONLINE SERVICES is supplied free of charge and on an ‘as is’ basis, without any undertaking to give technical support or warranty of any kind by the Keeper including, without limitation, any warranty of satisfactory quality or fitness for purpose.
Except insofar as exclusion of liability is prohibited by statute, the Keeper shall not be liable for any direct, indirect, special, incidental or consequential damages or loss, nor for any damages for loss of business, loss of profits, loss of anticipated savings or the like, whether based upon breach of contract, negligence, product liability or otherwise, whether or not foreseeable and even if the Keeper or any representative of the Keeper has been advised of the possibility of such loss or damage.
Without prejudice to the foregoing generality (1) the Keeper shall have no liability in respect of any actions, claims, costs, demands, expenses or liabilities made against or incurred by the User arising out of any defect in, or the breakdown, failure or non-performance of, the systems and equipment (whether belonging to, maintained by or used by the Keeper, the User, the Organisation or any third party) utilised in connection with use of RoS ONLINE SERVICES; and (2) while the Keeper has taken and will continue to take reasonable precautions in respect of computer viruses, the Keeper shall not be liable for any consequence of any failure on the part of the Keeper to prevent the transmission of computer viruses through RoS ONLINE SERVICES. The User shall take such precautions as it deems fit.
In any event whatsoever, the total liability of the Keeper in respect of any use of RoS ONLINE SERVICES is limited to the amount set out by statute (such as of the fee prescribed by the Registers of Scotland (Fees) Order 2014) for the particular application form or service in respect of which the liability is claimed to have arisen.
Nothing in these terms excludes or limits the statutory rights of consumers.
If any part of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable then the parties agree that that part will be deemed not to be a part of these terms and that it shall not affect the validity, lawfulness or enforceability of the remainder of these terms.
8. Crown copyright licence
Crown copyright subsists in the forms. Under delegated authority from the Queen’s Printer for Scotland, the Keeper allows the User to reproduce the forms through the mechanism of RoS ONLINE SERVICES free of charge as drafts or principals of applications to the Keeper for registration in, or reports or copies from, the registers maintained by the Keeper. Application for copyright licensing of any other proposed reproduction of the forms should be made to the Keeper.
9. Data Capture
Any data entered by the User when using RoS ONLINE SERVICES may be retained and used by the Keeper —
(b) To the extent that doing so is necessary for the purposes of the administration of justice.
The Keeper may terminate the Organisation’s or the User’s use of RoS ONLINE SERVICES without notice and take such action as is necessary including suspending or cancelling access to RoS ONLINE SERVICES if the Organisation or any User misuses any element of RoS ONLINE SERVICES or the Keeper has reason to suspect use of RoS ONLINE SERVICES for fraudulent or other unlawful purpose or activity.
The Keeper may terminate the Organisation’s or the User’s use of the RoS ONLINE SERVICES by written notice to the Administrator where the Organisation or the User commits a material breach of these Terms and Conditions and, in the case of a breach which is capable of being remedied, has failed within seven days after a written request by the Keeper, to remedy the breach.
The Keeper may terminate the Organisation’s or the User’s use of RoS ONLINE SERVICES by written notice to the Administrator where the Organisation has a receiver or liquidator or trustee in bankruptcy appointed or any part of its undertaking or assets, or a resolution for the Organisation’s winding up is passed, it becomes insolvent or subject to an administration order, or enters into any voluntary arrangement with its creditors.
The Keeper may terminate the Organisation’s or the User’s use of the RoS ONLINE SERVICES by written notice to the Administrator where the Organisation ceases or intends to cease to carry on business or no longer holds the professional criteria that permitted it access to RoS ONLINE SERVICES or the Keeper ceases to operate RoS ONLINE SERVICES for any reason.
The Administrator may terminate the Organisation’s use of RoS ONLINE SERVICES at any time by written notice to the Keeper. All Users of the Organisation shall be cancelled with effect from the relevant termination date. The Administrator may also request that the Keeper cancels an individual User at any time.
11. Governing Law
The parties agree that the supply and use of RoS ONLINE SERVICES is governed by Scots Law and subject to the exclusive jurisdiction of the Scottish Courts.
Appendix 1 – Acceptable Use Policy for RoS ONLINE SERVICES
1. You may only use RoS ONLINE SERVICES in a manner that is lawful. Specifically you must ensure that you comply fully with any and all local, national or international laws and/or regulations, and you must not use the this in any way, or for any purpose, that is unlawful or fraudulent.
2. You may only use the RLP Dashboard for administrative purposes connected with your client’s application for registration in the Land Register and not for any other purpose.
3. The information on the RLP Dashboard is for read only use.
4. You must ensure that appropriate organisational and technical measures are in use within your the Organisation to ensure that access to and use of RoS ONLINE SERVICES by any User is appropriately controlled
5. The Organisation and/or the Administrator must immediately withdraw access to RoS ONLINE SERVICES from any User who is suspected of or has been involved in improper use of RoS ONLINE SERVICES or breach of these Terms and Conditions, or whose circumstances have changed such that the User is no longer authorised to act on behalf of the Organisation.
6. The Organisation is responsible for providing training to the User on access to and use of RoS ONLINE SERVICES (including the importance of non sharing of accounts) and the Organisation shall ensure that the User is suitable, qualified and sufficiently competent and that the User uses the RoS ONLINE SERVICES in accordance with these Terms and Conditions.
7. The Organisation and/or the Administrator must take all reasonable steps to ensure that all their staff who use RoS ONLINE SERVICES are a User and that there is no sharing of accounts. If the Administrator finds that any of their staff are using RoS ONLINE SERVICES other than as a User the Administrator should inform RoS immediately of the relevant account affected and take appropriate steps to stop such use.
8. The User must not:
(a) use any automated software agents to search, copy, monitor, display, obtain links to or otherwise access the RoS ONLINE SERVICES
(b) copy or display any of the Content for display on another website or
(c) attempt to add, change or delete any Content on the Online Services Dashboard
(d) use the Content to claim any arrangement or official partnership with Registers of Scotland to supply or reuse data and/or information
(e) use the Content for any fraudulent or unlawful activity that breaches Data Protection LawBack to top
DIGITAL REGISTRATION (DISCHARGE SERVICE) TERMS AND CONDITIONS
1. Definitions and interpretation
means a person granted authorisation by the Keeper under regulation 3 of the Regulations to use the Digital Registration System.
means a person’s business address, fax number and email address to which notices and other communications may be sent under these terms and conditions.
means a digital certificate which complies with the criteria set out in regulation 6 of the Electronic Documents (Scotland) Regulations 2014.
“Digital Registration System”
means the computer system managed and controlled by the Keeper to facilitate the creation of electronic documents and the electronic generation and communication of an application for registration of a deed relating to a registered plot and automated registration in respect of that deed in accordance with section 99(1) of the Land Registration etc. (Scotland) Act 2012.
“Digital Registration System Account”
means an account issued by the Keeper to an Authorised Person which may be used by that Authorised Person and its Users to access and participate in the Digital Registration System.
means the tax authority in Scotland responsible for the administration of LBTT.
means the Keeper of the Registers of Scotland.
means the Land Buildings and Transaction Tax.
“Local Registration Authority”
means, where the Digital Certificate is supplied by the Keeper, a person appointed by an Authorised Person who has attended an identity verification meeting with a member of staff of the Keeper and is authorised by the Keeper to issue Digital Certificates to Users.
means The Land Register of Scotland (Automated Registration) etc Regulations 2014 (as amended).
“these terms and conditions”
means the terms and conditions set out in this document together with the e-Payment terms and conditions and the provisions of the Regulations, both of which are incorporated into and form part of these terms and conditions.
means the Registers of Scotland website, incorporating the Digital Registration System, located at www.ros.gov.uk or such other location as the Keeper may from time to time notify to Authorised Persons.
means an individual who is authorised by an Authorised Person to use the Digital Registration System on behalf of that Authorised Person.
1.2 Except where otherwise provided: (a) these terms and conditions are to be interpreted in accordance with the Interpretation and Legislative Reform (Scotland) Act 2010; and (b) definitions of words and phrases given in the Land Registration etc. (Scotland) Act 2012, the Land Register of Scotland (Automated Registration etc.) Regulations 2014 and the Land Register Rules etc. (Scotland) Regulations 2014 apply.
1.3 Unless the contrary intention appears, a reference in these terms and conditions to: (a) any document means the current published version and includes any variation or replacement of it; and (b) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them severally.
2.1 These terms and conditions govern use of the Digital Registration System, have contractual effect between the Keeper and each Authorised Person and are governed by the law of Scotland. Each Authorised Person and User agrees to submit to the exclusive jurisdiction of the courts of Scotland.
2.2 If any provision of these terms and conditions is unlawful, void or unenforceable then it is deemed severable and shall not affect the validity or enforceability of the remaining provisions.
2.3 No informal representation can amend, vary, modify, waive or negate these terms and conditions or any additional conditions imposed on an Authorised Person in any respect.
2.4 The Keeper reserves the right to alter these terms and conditions and will publish the current version on the website. Excepting any urgent alteration necessary to protect the security, integrity or stability of the Digital Registration System, the Keeper will give Authorised Persons fourteen days’ notice of any proposed alterations. Use of the Digital Registration System constitutes an acceptance of the terms and conditions then subsisting.
3. Participation in the Digital Registration System
3.1 An Authorised Person may use the Digital Registration System only in accordance with these terms and conditions which the Keeper acting reasonably considers appropriate to protect the security, integrity or stability of the Digital Registration System.
3.2 An Authorised Person may authorise one or more Users to use the Digital Registration System on the Authorised Person’s behalf, such authorisation being subject to these terms and conditions. The Authorised Person must notify the Keeper of the Contact Details of Users authorised by him or her and immediately of any change in those Contact Details. Where an Authorised Person so authorises a User, the Authorised Person is bound by and liable for the acts and omissions of, and any breaches of such terms and conditions by, the User as if they were the acts, omissions or breaches of the Authorised Person.
3.3 Where the Digital Certificate is supplied by the Keeper, an Authorised Person must appoint one or more of its staff to be the Local Registration Authority and notify the Keeper of the name and Contact Details of each person so appointed and immediately of any change to their Contact Details. Where an Authorised Person is an individual then that Authorised Person shall act as the Local Registration Authority. An Authorised Person is bound by and liable for the acts and omissions of, and any breaches of these terms and conditions by, a Local Registration Authority appointed by that Authorised Person as if they were acts, omissions or breaches of the Authorised Person.
3.4 An Authorised Person must immediately withdraw authority and access to the Digital Registration System from any User authorised by the Authorised Person who is suspected of or has been involved in improper use of the Digital Registration System, breach of these terms and conditions, or whose circumstances have changed such that the User is no longer authorised to act on behalf of the Authorised Person.
3.5 An Authorised Person may surrender his or her authorisation by giving notice to the Keeper. Such surrender is effective from the time when the Keeper receives the notice, or such later time as may be given in the notice.
3.6 The Keeper may suspend or revoke an authorisation with immediate effect if the Keeper reasonably considers that the Authorised Person or any User has:
- contravened any of the Regulations;
- provided any information which is false; or
- materially breached these terms and conditions
3.7 Any Authorised Person or User who has their authorisation suspended or revoked under Clause 3.6 may appeal to the Scottish Ministers in accordance with the process set out in the Regulations.
3.8 Surrender, suspension or termination of an authorisation does not affect any past, present or continuing liability (whether under these terms and conditions or otherwise) of the Authorised Person in respect of past digital registration transactions.
4. Registration Fees and LBTT
4.1 Payment of registration fees for transactions submitted under the Digital Registration System must be made through the e-payment service operated by the Keeper by means of a variable direct debit. The terms and conditions (and all future revisions thereof) applicable to the e-payment service apply to the payment of registration fees within the Digital Registration System and are deemed to be incorporated within and form part of these terms and conditions mutatis mutandis.
4.2 The Authorised Person must ensure that arrangements satisfactory to Revenue Scotland have been made for the payment of any LBTT due in respect of a transaction submitted under the Digital Registration System. If satisfactory arrangements have not been made then the Authorised Person or User will not be able to submit the transaction using the Digital Registration System.
5. Authorised Persons’ and Users’ rights and obligations
5.1 An Authorised Person may use its Digital Registration System Account to access the Digital Registration System.
5.2 Authorised Persons and Users may not assign, transfer or otherwise deal with their rights to use the Digital Registration system.
5.3 Each Authorised Person undertakes that it will (and where appropriate will ensure that any User authorised by it will): (a) not do or omit to do anything that will or may adversely affect the operation, security, integrity, stability or overall efficiency of the Digital Registration System; and (b) establish and maintain appropriate measures to safeguard the Digital Registration System from unauthorised access through the Authorised Person’s Digital Registration System Account.
5.4 If an Authorised Person at any time (a) ceases to comply with these terms and conditions or (b) becomes aware that its ability to maintain its compliance with them is impaired or likely to become impaired, it must immediately notify the Keeper of this fact; and its right to use the Digital Registration System shall be suspended in accordance with clause 3.6 until such time as the Authorised Person can demonstrate to the reasonable satisfaction of the Keeper its ability to maintain compliance with these terms and conditions.
5.5 Use of the Digital Registration System is only permitted for the purposes of transactions in all respects lawfully carried out. The system may not be used for any purpose that contravenes the provisions of the Computer Misuse Act 1990 or of any other legislation for the time being in force. Authorised Persons and Users must immediately inform the Keeper about any activity that they reasonably suspect is not lawful or is likely to contravene said legislation.
6. Authorised Persons’ representations and warranties
6.1 Each Authorised Person represents and warrants to the Keeper each time an electronic document or certification is authenticated by one of its Users that (a) it has taken reasonable steps to verify to the best of its knowledge and belief that all information in the electronic document or subject to the certification is true and correct; (b) the User has authority to authenticate any certification made on its behalf; and (c) proper steps have been taken to ensure that the User has authority to authenticate any electronic document which is so authenticated on behalf of its granter.
7. The Keeper’s rights and obligations
7.1 The Keeper will use reasonable endeavours to provide the Digital Registration System at the published times and to any published service standards but the Keeper does not warrant that the Digital Registration System will meet any specified service levels, or will operate without interruptions or downtime.
7.2 The Keeper may withdraw or modify the Digital Registration System. Except in case of urgent necessity to protect the security, integrity or stability of the Digital Registration System, the Keeper will give Authorised Persons 14 days’ notice of any proposal to withdraw or materially modify the Digital Registration System.
7.3 The Keeper has the right to maintain an audit log of all use of the Digital Registration System.
8.1 Any notice by the Keeper to an Authorised Person, or by an Authorised Person to the Keeper is effective from the time it is received unless a later time is specified in the notice. Notices may be sent using the Digital Registration System internal messaging, eServices Notice board, email or the RoS website and a notice so sent is deemed to have been received at the time it was sent. A notice sent by first class post is deemed to have been received at 10 a.m. on the first business day following posting.Back to top