Correction demand correction

Certain inaccuracies in the RSP may, if they are not removed from the register, prejudice providers or third parties.

For instance, if a statutory pledge has been paid off, the provider might be prejudiced against if that statutory pledge is not then removed from the register by the secured creditor.

The same would apply if property was removed from a statutory pledge but the secured creditor did not then correct the register to reflect that removal or if property was, as a result of applicant error, incorrectly described in the register as being affected by a statutory pledge.

Section 98 of the 2023 Act provides for a demand-led correction solution, culminating, where necessary, in an online application to the Keeper, to clear the RSP of inaccuracy in such instances.

The section section 98 correction solution applies to only two categories of person:

  1. a person identified as the provider in a Statutory Pledges Record entry but who claims either not to be or that the property identified as being the encumbered property is not, in fact, encumbered (section 98(2))
  2. a person with a right in property which is identified as being the encumbered property but who believes that that property is not, in fact, encumbered (section 98(3)).

Where such a person believes that a Statutory Pledges Record entry is so inaccurate, they can issue a demand to the registered secured creditor that they apply for correction under section section 96(1) of the 2023 Act (a Secured Creditor Correction).

If the secured creditor does not then correct the register, that person can apply to the Keeper for the correction themselves (section 98(6)).

No other category of person is legally able to use the Correction Demand process and that process cannot be used for any other type of inaccuracy.

It is likely that the Correction Demand process will be used primarily where an entry in the Statutory Pledges Record becomes redundant due to the debt being fully repaid. In such a case, the registered provider could use the process to demand that the secured creditor deletes the entry.

If the register is not then corrected by the secured creditor, the provider can then apply to the Keeper for correction.

If you require to make an application to the Keeper for correction under section 98(6) of the 2023 Act, an application can be made using the Keeper’s online registration system.

Correction Demand Correction applications attract a fee of £10 per Statutory Pledges Record entry corrected, as provided for in The Registers of Scotland (Fees) Order 2014 (as amended by The Registers of Scotland (Voluntary Registration, Amendment of Fees etc.) Order 2015, The Registers of Scotland (Fees) Amendment Order 2021, and The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2024).

Where the applicant in a Correction Demand Correction application is a non-RoS account holder, the applicant must have a valid credit/debit card in order to make payment.


Was this page helpful?

Your feedback is anonymous and will help us improve the site.
Don't provide any personal information (opens in new tab).

Warning

If you need to ask a question or need help, use our email us web form.