1. The Register will be known as the “Scottish Barony Register” (“the Register”).
2. The Register shall be a register of claims to entitlement to the Dignity of a Scottish Baron, or other Dignities of the genus Baron.
3. The Register shall be operated by Scottish Barony Register, a Company incorporated under the Companies Acts limited by guarantee, registered in Scotland with the registered number SC276349 (“the Company”).
4. The Company shall appoint such a person as it chooses to act as Custodian of the Register (“the Custodian”) who shall act at all times as agent of the Company.
5. The Custodian shall have absolute discretion to accept or refuse any application for registration in the Register without ascribing any reason to that decision.
6. In considering any application for registration in the Register, the Custodian shall have absolute discretion to require the presentation of the following minimum evidential documentation in respect of any application: -
6.1 The Crown Charter of Erection or Progress or Charter of Confirmation in respect of the Barony title, or an official extract thereof;
6.2 Evidence of a title deed registered or recorded in the Land Register of Scotland or General Register of Sasines which title included title to the Barony;
6.3 A valid prescriptive progress of titles up to the date of the last registered/recorded title prior to 28th November 2004;
6.4 A clear Search in the General Register of Sasines or Land Register from the date of the last registered/recorded title up to the date of the application, and for the prescriptive period;
6.5 A validly signed Assignation of the claim of entitlement in respect of the Barony, which must incorporate a statement sworn before a Notary Public (except where the Assignor is not a party capable of swearing documents) to the effect that as at 28th November 2004 the Assignor, or someone from whom he or she derived right, held a relevant interest in land (which must be described) on his or her Barony title and was entitled to the Dignity of the Barony, that the entitlement to the Dignity of the Barony has not been sold or transferred since that date, and that he or she is not aware of any competing claims to the entitlement to the Dignity of the Barony.
6.6 Valid links in title from the last recorded/registered title to the Assignation in favour of the applicant.
6.7 A validly completed application form from a practising Scottish solicitor, together with payment of the appropriate registration dues.
The Custodian shall be entitled to request such additional evidence as shall be deemed necessary in respect of any application.
7. The requirements listed in Condition 6 hereof represent the minimum evidential requirement of the Custodian; the Custodian does not give nor shall be deemed to give any guarantee of the validity of any claim to entitlement by the registration of any such claim.
8. The Custodian shall have no liability in respect of any actions, claims, costs, demands, expenses, losses or liabilities made against or incurred by any individual (including but not limited to the Applicant) arising out of anything contained in, or any reliance placed upon, the Register.
9. The Custodian shall be entitled to charge such fees as shall be listed on the Register’s Website from time to time. All fees are non-refundable if the Custodian refuses to register in terms of condition 5 hereof.
10. The Custodian will issue a “Letter of Comfort” to a Scottish Solicitor in respect of any Barony registered in the Register, on request and on payment of the applicable fee.
11. The Custodian reserves the right to discontinue maintenance of the Register and to refuse further applications for registration without liability to any person and without prior notice.
12. Any applicant for registration and his or her agent shall be deemed to have accepted these Terms and Conditions and will be bound by them.
13. These Terms and Conditions may be amended by the Custodian and/or the Company at any time and at their sole discretion.