Committee
Economy, Jobs and Fair Work Committee 21 November 2017
21 Nov 2017 · S5 · Economy, Jobs and Fair Work Committee
Item of business
Subordinate Legislation
Registers of Scotland (Digital Registration etc) Regulations 2017 [Draft]
There will be a division. For Arthur, Tom (Renfrewshire South) (SNP) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Mason, John (Glasgow Shettleston) (SNP) Against Baillie, Jackie (Dumbarton) (Lab) Halcro Johnston, Jamie (North East Scotland) (Con) Lindhurst, Gordon (Lothian) (Con) Lockhart, Dean (Mid Scotland and Fife) (Con) Wightman, Andy (Lothian) (Green)
In the same item of business
The Convener
Con
We resume the meeting, and I welcome Keith Brown, Cabinet Secretary for Economy, Jobs and Fair Work, and those with him: Graham Fisher, Stephanie Brown and C...
The Cabinet Secretary for Economy, Jobs and Fair Work (Keith Brown)
SNP
I will be brief and refer to both draft instruments at the same time, if that is okay. I thank the committee for the chance to appear here today to answer qu...
The Convener
Con
Thank you. I will start with a couple questions on the draft land registration order. To cut to the chase, the draft digital registration regulations have th...
Graham Fisher (Scottish Government)
The regulation to which you refer makes the change together with the change in the order, but one in relation to the notification by the applicant for a pres...
The Convener
Con
Thank you for that clarification. The particular issue that I am interested in with regard to the draft land registration order is the 60-day period being r...
Keith Brown
SNP
There has not. The reason for that is that we think that the change is one of the minor procedural changes that I mentioned and that there are substantial sa...
The Convener
Con
Might I refer back to when there was a consultation on the Land Registration etc (Scotland) Act 2012? I think that those with you, cabinet secretary, will be...
Keith Brown
SNP
I understand that. Given the digitisation of the records, a much reduced number are involved. As I understand it, there is substantial support for the chan...
Chris Kerr (Registers of Scotland)
The reason for the 60-day period was to give people who were notified by a potential prescriptive claimant sufficient time to check their title deeds and tak...
The Convener
Con
In this new scenario, a 14-day turnaround period could apply. Is that sufficient time to allow people to respond, react and deal with the issues?
Chris Kerr
If they need longer, the 60-day period is still there. They can take 60 days if they feel that they need 60 days. The period will be shortened if they have r...
The Convener
Con
What about others who might be affected by this change who are not aware of what is going on and have not been notified?
Chris Kerr
Our view is that there are three levels of check on that. The first is that the applicant must satisfy themselves that they have notified everyone who appear...
The Convener
Con
Perhaps Andy Wightman would like to come in at this point.
Andy Wightman
Green
I have a few questions on the draft order. The prescriptive changes are contained in both the draft order and the draft regulations. I understand that the dr...
Graham Fisher
That was done purely for technical reasons. It is unfortunately not possible to combine orders and regulations. The Interpretation and Legislative Reform (Sc...
Andy Wightman
Green
That is a fantastic answer. Thank you. It answers my question precisely. On the prescriptive claimants question, where did the initiative come from to make ...
Chris Kerr
The issue was first observed by Registers of Scotland operational staff dealing with applications, in conjunction with the parties making the applications. T...
Keith Brown
SNP
Registers of Scotland has an obligation, I think under the 2012 act, to maintain a constant review of the services that it provides and to improve them. It w...
Andy Wightman
Green
On the substantive policy question, the 2012 act makes changes to prescription that are broadly welcomed in terms of tightening everything up, but it is, nev...
Keith Brown
SNP
As we said earlier, further checks are made through the QLTR and subsequently the keeper to ensure that everybody who should have been has been notified. Mr ...
Andy Wightman
Green
However, anyone coming forward in that 10-year period will be coming forward afresh, against a title that has already been recorded and has precedence over t...
Keith Brown
SNP
As I understand it, ownership is not achieved until that 10-year period has passed—it can still be challenged. With the different levels of checks, and given...
Andy Wightman
Green
Did the motivation for the change in the prescriptive provisions that are contained in the two draft instruments come from a relatively small number of peopl...
Chris Kerr
It came from a relatively small number of people, but the number of applications has also been relatively small. Since the 2012 act came into force in Decemb...
Keith Brown
SNP
That relatively small number is those people who are most involved in the process, but the change has been supported by others who are involved—not people fr...
Jackie Baillie
Lab
I want to understand this correctly. If a relevant person is notified and says that they do not object, the keeper then notifies them, because the title is u...
Chris Kerr
We think that it is. The process involves no more than telling the keeper that they object—they do not have to justify that or go into detail. When they have...
Jackie Baillie
Lab
If there were rival prescriptive claimants—if, say, the local community had an interest—that seven-day period might be considered very short if people needed...
Chris Kerr
There can be only one prescriptive application at a time because of the year’s possession requirement—multiple parties cannot be in possession at the same ti...