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Terms and conditions

DIGITAL REGISTRATION TERMS AND CONDITIONS

1. Definitions and interpretation

1.1 Definitions

“Authorised Person”

means a person granted authorisation by the Keeper under regulation 3 of the Regulations to use the Digital Registration System.

“Contact Details”

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.

“Digital Certificate”

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.

“Revenue Scotland”

means the tax authority in Scotland responsible for the administration of LBTT.

“the Keeper”

means the Keeper of the Registers of Scotland.

“LBBT”

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.

“Regulations”

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.

“Website”

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.

“User”

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. General

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. Notices

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.

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EFORMS ONLINE TERMS AND CONDITIONS

1. Introduction and general principles

eFORMS ONLINE allows on screen completion of various registration and application forms used in the registers maintained by the Keeper of the Registers of Scotland. Those forms which do not require signature, prepayment or hard copy enclosures may then be submitted by email. Both users and the Keeper benefit from the efficiencies provided by this alternative to the use of preprinted paper forms. eFORMS ONLINE is 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 forms. eFORMS ONLINE registration includes a copyright licence permitting free reproduction.

2. Definitions and interpretation

“The Keeper”

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 customer.services@ros.gov.uk.

“The user”

Means a person (natural or otherwise) which has been assigned a log-in script in terms of clause 3 hereof. Where the user uses eFORMS ONLINE in the capacity as employee or servant of a firm, company, authority or other such entity or enterprise, the user binds that entity or enterprise to these terms and warrants to the Keeper that it is within the user’s power to so bind that entity or enterprise.

“The forms”

Means the application forms: Applications for advance notices; Application for registration; Notification for Inaccuracy in the Register, SAF, DA1-3 and C&S1,; together with, in each case, all future variations thereof and such further forms as the Keeper may choose to include in eFORMS ONLINE.

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. User registration

Application to use eFORMS ONLINE 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 to become a user and to be bound by these terms and conditions. If such offer is accepted by the Keeper, these terms contain and constitute the whole agreement between the parties with respect to the supply and use of eFORMS ONLINE and supercede 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 eFORMS ONLINE the user will change the password element of the log-in script and thereafter will change password no less than four times a year. 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 Keeper may at his sole discretion and without being required to give any reason: (1) refuse any application for registration as a user; and (2) terminate, suspend, limit or place conditions upon any person’s use of eFORMS ONLINE.

4. Permitted use and restrictions

The permitted use of eFORMS ONLINE is for completion of the forms in the course of the normal and lawful practices of conveyancing and searching of public records. 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 eFORMS ONLINE or (2) modify, sell, rent, transfer, create derivative works based upon or incorporating, or distribute eFORMS ONLINE or any part thereof.

5. Ownership, withdrawal and modification

This agreement gives the user limited rights to use eFORMS ONLINE and to generate Crown copyright forms. The user does not become owner of any intellectual property right in eFORMS ONLINE 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 the eFORMS ONLINE service at any time.

6. Disclaimer and exclusion and limitation clauses

eFORMS ONLINE 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 or any third party) utilised in connection with use of eFORMS ONLINE; 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 eFORMS ONLINE. 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 eFORMS ONLINE is limited to the amount 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.

7. 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 eFORMS ONLINE 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.

8. Data Capture

Any data entered by the user when using eFORMS ONLINE may be retained and used by the Keeper —

(a) To populate the land register until either the form is received by the Keeper or, where the form is not submitted, for a period of up to 50 days;

(b) To the extent that doing so is necessary for the purposes of the administration of justice.

9. Governing Law

The parties agree that the supply and use of eFORMS ONLINE is governed by Scots Law and subject to the exclusive jurisdiction of the Scottish Courts.

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