Register of Deeds guidance

The enabling legislation permits the issue of digital extracts, and these extracts will have equal standing in law to paper extracts and can be used in all instances where a paper extract would have been used previously.

Any visual representation of the QES used on the face of the deed will be retained as part of the extract. An additional page will also be included at the rear of each extract, setting out QES information (such as date of signing) not apparent from the face of the deed.

Our digital extracts will look much like paper extracts, with flysheets, headings, stamps, signatures and warrants for execution added by RoS all appearing as normal. There will be some differences. To provide the required information about the parties that signed the deed, an extra page will be included at the rear of the extract, showing information relating to each QES used to sign the deed. The extract will have a RoS digital certificate applied to it. This is intended to provide additional authenticity and will show users that the extract originated from RoS, and has not been amended since issue.

Please see an image below of the RoS digital certificate and the final page of the extract showing names, date and time relating to the QES signatures.

When you open the extract there will be a Certified by Registers of Scotland Banner.

By selecting the signature panel in the banner at the top of the pdf you can review the RoS digital certificate.

As this is a digital extract you will not be able to view the original QES metadata. The Final page of the extract will have the full names of the QES signatures along with the time of signing and the pages the signatures relate to in the extract.

Yes, it is possible to forward the digital extract to another recipient without affecting the digital certificate.

However, any attempt to remove or add to the content of the digital extract would result in the RoS certificate being invalidated and no longer meeting the requirements of a digital extract.

No. Any deeds which require joint recording in registers in addition to the Register of Deeds should continue to be submitted on paper.

You can submit mixed format deeds to the Register of Deeds. If you have a single application that comprises a collection of both wet signed documents and QES signed documents (such as missives or counterpart documents), you must submit the QES signed document first and you will be able to print a confirmation page to submit by post with the wet signed document.

The application form for this service is available once you logon to your online services account. If you do not have access to this application, please contact customerservices@ros.gov.uk.

After you have submitted your application with QES uploads and we have received your wet signed documents we will review your application.

Registers of Scotland will check all QES’s used in deeds submitted to us to ensure that they are both valid and comply with the requirements of the Requirements of Writing (Scotland) Act 1995 and the Electronic Documents (Scotland) Regulations 2014 (this is broadly equivalent to the checks we currently do on wet signatures).

No. The ‘qualified’ aspect of the QES replaces witnessing as the requirement for self-proving status in electronic documents.

While there is no statutory requirement to provide capacity on the face of a QES signed deed, and we cannot therefore insist on this information being provided, in order for the document to be ex facie valid, the capacity of the signatory (e.g. Director, secretary, authorised signatory) should be evident from the face of the QES signed deed. We will assume that the party signing actually holds the correct capacity to do so. It will be a matter for the individual preference of customers whether they choose to carry out any further checks (e.g. at Companies House) to establish that the signatory in fact holds the correct capacity.

Yes. The rules on execution of electronic documents differ from those that apply to traditional paper documents and can be found in Part 3 of the Requirements of Writing (Scotland) Act 1995 and the Electronic Documents (Scotland) Regulations 2014.

The main difference is that qualified electronic signatures are applied to the document as a whole, rather than to the body of the deed and any subsequent annexations. As such, annexations are regarded as incorporated into a deed if they are (a) referred to in the deed, (b) identified on their face as being the annexation referred to in the document, and (c) annexed to the document before a QES is applied to the document and annexation.

Yes, it is possible to use counterpart execution both where all counterparts are electronic documents, and where there is a mix of paper and electronic counterparts (see question 6 for further information).

No. There is no requirement to add date and location of signing details to the face of the deed as this information is captured as part of the QES metadata.

Yes. Regulation 4 of the Electronic Documents (Scotland) Regulations requires that an annexation to an electronic document must identify on its face that it is the annexation referred to in that document.

Invoicing will remain as normal for Register of Deeds and paper invoices will be sent out in the post, we aim to make this a digital process in the future.

Registration fees for QES deed, and fees for the provision of digital extracts, are set by the current Fee Order, which makes no distinction between paper and electronic deeds/extracts. As such, fees will remain the same across paper and digital for now, but will be subject to review in the future.

No. Only original deeds may be registered in the RoD, and QES metadata must be associated with the electronic deed submitted for registration. RoS check the QES on all deeds submitted for validity, and this requires the original electronic document.

If your document has been signed correctly by a QES, you should see a signature panel similar to the below confirming who has signed the document.

No. Only the QES deed(s) should be uploaded – all other information required by RoS in connection with your application is obtained through the online portal.

Yes. In this situation, the Deed of Variation (which must be wet-signed in order to be registered in the Land Register) would be submitted for registration, and the original lease would be deemed registered by virtue of registration of the underlying plot. This would be the case regardless of whether the landlords plot title is registered (in which case the Variation will form a transfer of part application) or unregistered (in which case the Variation will trigger automation plot registration).