ARTL CROBECO 25 November 2010 Kevin Ramsay Legal

ARTL CROBECO 25 November 2010 Kevin Ramsay Legal Services Registers of Scotland ros. gov. uk Recording and safeguarding your rights

ARTL Introduction: • Who am I? • Why am I here talking to you? • Automated Registration of Title to Land (ARTL) ros. gov. uk Recording and safeguarding your rights

ARTL What is ARTL? • Web based • Secure • Paper free • Cheaper (33%) • Registration within 24 hours • One-stop-shop for payment of Stamp Duty Land Tax ros. gov. uk Recording and safeguarding your rights

ARTL What’s it look like? ros. gov. uk Recording and safeguarding your rights

Title Body Text ros. gov. uk Recording and safeguarding your rights

ARTL Who is using ARTL? • 492 Solicitors out of about 800 • 26 Lenders • 13 Local Authorities • Over 35, 000 applications • Increasing pressure from Lenders ros. gov. uk Recording and safeguarding your rights

ARTL 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 ros. gov. uk Recording and safeguarding your rights

ARTL Three factors: Not Just Technology! ros. gov. uk Recording and safeguarding your rights

ARTL 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 ros. gov. uk Recording and safeguarding your rights

ARTL 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; ros. gov. uk Recording and safeguarding your rights

ARTL 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 ros. gov. uk Recording and safeguarding your rights

ARTL PKI Policies: • Policy documents cover about 80 topics • About 60 of those are publicly available • Split into Policies, Procedures and Worksheets • Audited by t. Scheme – 3 year cycle • ISO 27001 ros. gov. uk Recording and safeguarding your rights

ARTL Policy: Procedure: Worksheets: ros. gov. uk Recording and safeguarding your rights

ARTL But what about the Technology? • PKI was best fit • Enables Advanced Electronic Signature • Smartcard based ros. gov. uk Recording and safeguarding your rights

ARTL 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! ros. gov. uk Recording and safeguarding your rights

Questions? kevin. ramsay@ros. gov. uk +44 131 200 3935 ros. gov. uk Recording and safeguarding your rights