ros.gov.uk recording and safeguarding your rights crobeco 25 november 2010 kevin ramsay legal...
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ros.gov.uk Recording and safeguarding your rights
CROBECO
25 November 2010
Kevin RamsayLegal Services
Registers of Scotland
ARTL
ros.gov.uk Recording and safeguarding your rights
Introduction:
•Who am I?•Why am I here talking to you?
•Automated Registration of Title to Land (ARTL)
ARTL
ros.gov.uk Recording and safeguarding your rights
What is ARTL?
•Web based•Secure•Paper free•Cheaper (33%)•Registration within 24 hours•One-stop-shop for payment of Stamp Duty Land Tax
ARTL
ros.gov.uk Recording and safeguarding your rights
What’s it look like?
ARTL
ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
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ros.gov.uk Recording and safeguarding your rights
Who is using ARTL?
•492 Solicitors out of about 800•26 Lenders•13 Local Authorities
•Over 35,000 applications
•Increasing pressure from Lenders
ARTL
ros.gov.uk Recording and safeguarding your rights
Crucial Role Of Strong Authentication:
•Around €1.6 billion of mortgages processed through ARTL•Guaranteed by State•Legal admissibility of digital deeds•Strong audit trail
ARTL
ros.gov.uk Recording and safeguarding your rights
Three factors:
Not Just Technology!
ARTL
Technology
ros.gov.uk Recording and safeguarding your rights
Three factors:
Not Just Technology!
ARTL
TechnologyLegislation
ros.gov.uk Recording and safeguarding your rights
Three factors:
Not Just Technology!
ARTL
Technology
Pol
icy
Legislation
ros.gov.uk Recording and safeguarding your rights
Legislative framework:
•EU Directive 93/1999 on a Community Framework for Electronic Signatures•Electronic Communications Act 2000•The ARTL (Electronic Communications) (Scotland) Order 2006
•Land Registration (Scotland) Act 1979 •Requirements of Writing (Scotland) Act 1995
•Land Registration (Scotland) Rules 2006•Bankruptcy and Diligence etc (Scotland) Act 2007•Keepers Direction No.1 2007
ARTL
ros.gov.uk Recording and safeguarding your rights
EU Directive 93/1999"advanced electronic signature" means an electronic signature which meets the following requirements:(a) it is uniquely linked to the signatory;(b) it is capable of identifying the signatory;(c) it is created using means that the signatory can maintain under his sole control; and(d) it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;
ARTL
ros.gov.uk Recording and safeguarding your rights
Policy Framework:
•ARTL Licence - Firm•ARTL terms and conditions agreed to at sign up – User•ARTL PKI terms and conditions agreed when smartcard issued – Deed Signatory
ARTL
ros.gov.uk Recording and safeguarding your rights
PKI Policies:
•Policy documents cover about 80 topics•About 60 of those are publicly available•Split into Policies, Procedures and Worksheets•Audited by tScheme – 3 year cycle•ISO27001
ARTL
ros.gov.uk Recording and safeguarding your rights
Policy:
Procedure:
Worksheets:
ARTL
Policy Policy Policy Policy
Procedure Procedure Procedure
Worksheets Worksheets
ros.gov.uk Recording and safeguarding your rights
But what about the Technology?
•PKI was best fit•Enables Advanced Electronic Signature
•Smartcard based
ARTL
ros.gov.uk Recording and safeguarding your rights
Lessons Learned:
•It takes more time and senior resource than you think.•Technology is the easy bit.•Never overestimate the abilities of your users – keep it very simple!
ARTL
