Keeper's corner

In light of the letter from Mr Paterson published in the January edition at page 10, the Keeper considers that it might be helpful to provide information about the Agency’s target for first registration turnaround times.

At present there are three ministerial targets related to first registration (FR) turnaround times. The first of these is:

To achieve registration turnaround times in 2005-2006 averaging over the year as a whole no more than 90 working days for domestic first registrations received over the last 12 months.

The second target particularly focuses on any domestic applications that have been with the Agency for more than 12 months. This is:

In line with the three year target to eliminate stocks of domestic first registrations over one year old, to achieve a 62% stock reduction against the 31 March 2004 baseline by 31 March 2006.

The third target relates to older, more complex work. This is:

To eliminate all pre-July 2001 casework except where, for exceptional reasons, agreement has been reached with the agent or where court proceedings are pending.

The streaming system

Since the mid-1990s, the Keeper has categorised all applications for FR according to their complexity. There are seven mainstream categories, ranging from a straightforward red-edged plot with burdens that are common to a number of properties, to complex casework made up of commercial and large rural estates. The categorisation of casework allows the appropriate allocation of resource to reflect the complexity of the registration. In the lowest category of work we use technology to map the title plan and populate the burdens section of the title sheet, automatically. We turn around this category of casework faster than those requiring a more detailed analysis by a senior registration officer. Consequently, turnaround times vary depending on the complexity of the individual application and the work involved in completing the registration process.

Meeting the first target

The first target aims to ensure that the Keeper processes recently received FRs in a limited period of time. This target is aimed at the less complex FR applications which we classify internally as “domestic”. This allows the Keeper to ensure that the majority of relatively straightforward FR applications that are usually less complex and primarily involve only domestic property are processed within a reasonable period of time.

Current performance against this target indicates that FR applications received in the last year are being processed in an average timescale of 70 working days. However, this figure does fluctuate from county to county, reflecting some of the difficulties that can be encountered as a result of the mapping or conveyancing complexities that arise in different areas.

Complex cases

The performance against this target sets a standard for all recently received applications of this type, but the Keeper is also addressing older, primarily more complex FRs, together with any remaining domestic applications which have been delayed for whatever reason. The complex work in particular can be very time consuming and requires the skills and expertise from our most senior and experienced, and therefore most limited, resources. It became clear some years ago that FR applications could rise to a peak as the counties went live on the Land Register, then begin to subside. We have now passed this peak which we reached earlier than anticipated, possibly due to the buoyant housing market. Over the last two years it has been clear that overall FR applications are now showing a year on year decline as the balance of intakes shifts more towards dealings with whole and transfers of part applications. This offers the opportunity to make significant advances to reduce existing backlogs of FRs, in line with the second target.

Clearing the backlog

Recognising the importance of clearing older casework and the difficulties it causes the profession, the Keeper is working hard to reduce the existing stock of FRs and ultimately improve turnaround times for FRs overall, regardless of complexity. To encourage this, the second target is focused at domestic FR applications over one year old.

Our arrears of the most complex types of application fall mainly into the category of commercial transactions requiring very detailed consideration and correspondence before registration can be completed. We have recently restructured to provide a greater focus within the respective business units responsible for this type of casework, ensuring that it is processed as quickly as individual circumstances permit.

The drive to improve our position in this regard is supported by the third target. This encompasses all applications held by the Keeper and aims to deliver a clear indication of the maximum possible time taken to process any application for registration. We hope progressively to adjust this year on year to ensure delivery of a turnaround time for all FR applications of whatever type at more appropriate levels.

REVIEW OF KEEPER’S CORNER

The Keeper wishes to review the quarterly publication of Keeper’s Corner in The Journal and invites views from the profession.

Keeper’s Corner was conceived to provide a regular forum for keeping the profession informed of developments at Registers of Scotland. In recent years, the scale and pace of change have increased dramatically. This has mainly been due to the advent of the devolved Scottish Parliament and the significant legislative programme that has been delivered since 1999. The changes brought about by the land reform, feudal abolition and title conditions legislation, and other developments such as ARTL, have required a more regular flow of communication in The Journal rather than simply waiting until the next quarterly publication of Keeper’s Corner.

The Keeper would be interested to learn the profession’s views on whether or not the Keeper’s Corner format continues to be useful.

The Keeper also invites suggestions as to any items that might usefully be included on a regular basis (if Keeper’s Corner is retained), such as novel points that have arisen in references to the Pre-registration Enquiries Section or in the settlement of more complex casework. Turnaround times could also be published quarterly in Keeper’s Corner instead of monthly as at present and with more information on first registrations and older, more complex applications.

Comments or suggestions will be most welcome and should be made to either: customerservices@ros.gov.uk or alan.malone@ros.gov.uk

Bruce Beveridge, Deputy Keeper