Registers of Scotland facts for kids

Quick facts for kids
Registers of Scotland

Scottish Gaelic: Clàran na h-Alba
Non-ministerial government department overview
Formed	1617 (1617)
Jurisdiction	Scotland
Headquarters	Meadowbank House, 153 London Road, Edinburgh EH8 7AU
Employees	~ 1,300
Minister responsible	Ben Macpherson (politician), Cabinet Secretary for Finance
Non-ministerial government department executive	Jennifer Henderson, Keeper of the Registers of Scotland

The Registers of Scotland (RoS), also known as Clàran na h-Alba in Scottish Gaelic, is a special part of the Scottish Government. Its main job is to keep important official records about land, property, and other legal documents in Scotland. Think of it like a giant library of official papers!

RoS looks after 21 different public registers. The person in charge of all these records is called the Keeper of the Registers of Scotland, or simply the Keeper. This Keeper also has another important role: they are the Deputy Keeper of the Great Seal of Scotland. It's important not to mix up the Keeper of the Registers of Scotland with the Keeper of the National Records of Scotland, as they are different roles.

How Scotland's Records Began

The story of public records in Scotland goes way back! The very first official in charge of these records was called the Clerk of the Rolls in 1286. Back then, records were kept safe in Edinburgh Castle. This job eventually became known as the Lord Clerk Register, which is one of the oldest important government jobs in Scotland.

However, these early records didn't usually include personal details like births, deaths, or marriages. Instead, church officials kept their own records for their church members. In 1551, Scottish church leaders decided that all ministers should keep records of baptisms, burials, and marriages.

Over time, things changed. In 1806, a Royal Warrant (a special order from the King or Queen) created the job of Deputy Clerk Register. This meant the Lord Clerk Register became more of an honorary title, with less day-to-day work. In 1854, the Deputy Clerk Register also became the Registrar General, taking care of birth, death, and marriage records. This led to the creation of the General Register Office for Scotland.

In 1928, the job of Deputy Clerk Register was officially ended. It was replaced by the Keeper of the Registers and Records of Scotland. But it soon became clear that keeping both general records and specific registers was too much for one department. So, in 1948, a new law split these duties into two separate jobs:

• The Keeper of the Registers of Scotland, who would look after property and legal registers.
• The Keeper of the Records of Scotland, who would preserve general public records.

From 1949, Scotland had three main departments for records:

• The Registrar General for personal data (births, deaths, marriages).
• The Keeper of the Records for general historical records (later the National Archives of Scotland).
• The Keeper of the Registers for property and legal registers (Registers of Scotland).

Recent Changes to Record Keeping

On April 1, 2011, two of these departments, the General Register Office for Scotland and the National Archives of Scotland, joined together to form the National Records of Scotland (NRS). NRS is now part of the Scottish Government and looks after Scotland's historical records and personal data.

However, the Registers of Scotland remained a separate organisation. It continues to focus on property and legal registers.

Where the Records are Kept

After being stored in Edinburgh Castle, the records moved to the old Parliament House in the late 1600s. But this building wasn't big enough. So, a famous architect named Robert Adam designed a new building called Register House on Princes Street.

Over the years, Registers of Scotland grew even bigger. In 1976, they moved to Meadowbank House. Since 2013, they also have offices in Glasgow.

How Registers of Scotland Works

Registers of Scotland is a special government department that registers many different legal documents in Scotland. It's part of the Scottish Government and works closely with the Finance department.

The Keeper of the Registers of Scotland leads the organisation. The Keeper is appointed by the First Minister of Scotland. They are responsible for running Registers of Scotland and for managing all the public registers.

The Keeper has a team of over 1,200 staff in Edinburgh and Glasgow. They also have a management board that meets regularly to decide on the direction of the organisation.

The Public Registers You Should Know About

The Keeper of the Registers of Scotland manages 21 public registers today. Here are some of the most important ones:

The Land Register of Scotland

This register is like a map-based record of who owns what land in Scotland. It was started in 1979 and is now mainly guided by a 2012 law. Unlike older systems, it focuses on showing who owns the land (the "title") rather than just recording the deeds (documents) about the land.

The Land Register is kept in Edinburgh and you can view it online through ScotLIS (Scotland's Land Information Service). You can even get copies of "title sheets" for land by email. By 2016, about 60% of all land titles in Scotland were on this register. The goal is to have all land registered here by 2024, a process called the Completion of the Land Register.

The General Register of Sasines

This is a very old register for land in Scotland. It started in 1617 and was one of the most advanced land registration systems in Europe at the time!

How it Started

In the past, when land was transferred, people would do a special ceremony on the land itself called a "sasine ceremony." The 1617 law said that a document recording this ceremony had to be registered to make the land transfer official. This created the Register of Sasines.

Changes Over Time

In the 1800s, the sasine ceremony was no longer needed. Instead, the actual deed (document) transferring the land could be registered directly. In 1868, the General Register of Sasines was improved to sort deeds by county.

However, by the 1900s, new systems in other countries started using maps to show land ownership. The General Register of Sasines relied only on written descriptions in deeds, which made it hard to know exactly what land was being transferred. This led to discussions about replacing it. Eventually, the Land Registration (Scotland) Act 1979 introduced the new map-based Land Register of Scotland.

Closing the Old Register

The 1979 law planned for each county's General Register of Sasines to gradually move to the new Land Register. Once a county "went live" on the new system, new land transfers in that county had to be registered in the Land Register.

The old feudal system of land ownership in Scotland also ended in 2004. Even with these changes, a lot of land in Scotland is still registered in the General Register of Sasines. This includes large estates that have been in the same family for a long time, or land owned by local councils.

A new law in 2012, the Land Registration (Scotland) Act 2012, aims to speed up the transfer of all land to the Land Register. The goal is to close the General Register of Sasines completely by 2024.

The Register of Community Interests in Land

This register has two parts:

• Community Body Interests: This part, started in 2004, lets community groups register their interest in buying land in Scotland. This gives them a special right to buy land before others.
• Agricultural Bodies Right to Buy: This part allows farmers who rent land to register an interest. This means they can buy the land if it's put up for sale.

Register of Applications by Community Bodies to Buy Land (RoACBL)

This is a newer register. It keeps track of land that community groups have bought because it was abandoned, neglected, or causing problems.

The Crofting Register

This register, started in 2010, allows crofters (people who farm small plots of land in the Scottish Highlands and Islands) to register their interest in their crofting land.

Register of Sites of Special Scientific Interest

This register lists all SSSIs in Scotland. An SSSI is a special area of land that is important for its plants, animals, habitats, rocks, or landforms. The register helps protect these natural features.

You can search this register for free online using a map or by typing in a town name or postcode.

Register of Persons Holding a Controlled Interest in Land

Launched in 2022, this free register shows who really controls decisions about land and property in Scotland, especially when that information isn't clear elsewhere. It helps make land ownership more transparent.

Scottish Landlord Register

This register, started in 2004, lists all registered landlords in Scotland who rent out homes. It's against the law to rent out property without being registered.

Scottish Letting Agent Register

This register, started in 2014, lists all registered letting agents in Scotland who help rent out homes. It's against the law to work as a letting agent without being registered.

Register of Inhibitions and Adjudications

This register deals with debts. An inhibition is like a "freeze" on a debtor's land, stopping them from selling it. An adjudication allows a creditor (the person owed money) to sell the debtor's land to get their money back. Both must be recorded here. This register warns people if someone is legally stopped from selling their property.

When buying property, people always check this register to make sure the seller is allowed to sell.

Registers of Judgments

This register records foreign court decisions (from England, Ireland, other Commonwealth countries, and the European Union) that have been officially recognised and can be enforced in Scottish courts.

Register of Deeds and Probative Writs in the Books of Council and Session

Started in 1554, this register is used to record original traditional documents. It also acts as a safe place for important documents that people want to make public. You can get copies of these documents for a fee.

Register of Protests

This register used to record when someone failed to pay a "bill of exchange" (an old type of financial promise). However, because bills of exchange are rarely used now, no new entries have been made in over 10 years.

Register of Entails

This register used to record "entails," which were rules that made sure a property would pass down to a specific series of heirs, even if they weren't the usual heirs. Entails were ended in 2001, and this register was closed in 2004. The records were then moved to the National Records of Scotland for safekeeping.

Register of the Great Seal

The Great Seal of Scotland is a special seal used to make certain important official documents, like appointments to royal jobs, official. This register records these appointments.

Register of the Quarter Seal

This register records property that goes to the Crown (the King or Queen) when there are no living heirs to inherit it, or when land is abandoned.

Register of the Cachet Seal

This register records all notaries public in Scotland (people who can legally witness signatures and documents). The Cachet Seal is a silver stamp of the King or Queen's signature, used since 1603. It's still used for Crown property that has no owner.

Register of Prince's Seal

This register records any land given out by the heir to the Scottish Crown, who is known as the Prince and Great Steward of Scotland (currently Prince William). However, no new entries have been made since 1887.

Register of Crown Grants

This register contains deeds and agreements about Crown property in Scotland. It was closed in 1974.

Register of Sheriff's Commissions

This register records all official appointments of people to become Sheriffs (judges) in Scotland. It started in 1746.

Register of Service of Heirs

This register records people who successfully proved they were the legal heir to an estate (property and money) when someone died without a will, or left them a legacy. Although this process was mostly ended in 1964, it can still be used for ancestors who died before September 10, 1965.

Register of Hornings

This register used to record when a court declared a debtor (someone who owed money) an "outlaw" for not paying their debts. This involved a public announcement and three blasts on a horn, which is where the phrase "put to the horn" came from. This system was simplified in 1838 and later ended in 1987. The Register of Hornings is now closed.