S.L. 56.3 Art. 6Certification.

(1) The Director shall, when an application is submitted in terms of these regulations, draw up drafts, in accordance with the

Act, of:

(a) certificates indicating enrolments relating to public wills enrolled in the name of the person on whom the search is carried out; or

(b) lists compiled from the indexes mentioned in article 24 of the Act or kept by the Public Registry under any other law, in which case there shall also be delivered copies of the relative entries, including the updating of same, as well as the verification of searches issued before the appointed day, when so ordered by a court; or

(c) lists compiled from the indexes mentioned in article 24 of the Act or kept by the Public Registry under any other law, in which case there shall also be delivered copies of the relative entries, when so requested by any other person, except for the purposes of updating same; or

(d) lists compiled from the indexes mentioned in article 24 of the Act or kept by the Public Registry under any other law, in which case there shall also be delivered copies of the relative entries, when so requested by any other person, for the purposes of updating same; and, or

(e) lists compiled from the indexes mentioned in article 24 searches issued before the appointed day.

(2) The officer in charge shall duly authenticate manually or electronically as defined in Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, the draft and upon such authentication, the draft shall be deemed authenticated.

(3) The Director shall endorse the drafts of the certificates, lists or copies mentioned in sub-regulation (1), unless there is sufficient reason to withhold such endorsement and on such an endorsement, the certificate, list or copy shall be deemed to have been compiled in terms of the Act, and for the purposes of the Act, each application shall have a unique order number which shall be reproduced in the certificate.

(4) Where an official search is required in terms of article 28 of the Act, and the applicant limits such search in respect of a particular property, or where the applicant requests that the search should not include records having the same search parameters as requested, but with different maternity, the documents supplied by the Director shall not be considered as a certificate in terms of these regulations or in terms of article 26 of the Act.

(5) The Director shall, unless circumstances otherwise require, make available the certificates within the times specified herein, but in no case earlier than two working days:

(a) in the case of a search into public wills, the certificate shall be ready or sent by post within seven working days;

(b) when the application is a new search, the certificate shall be made available within ten working days;

(c) when the application refers to an updating, the certificate shall be made available within three working days;

(d) when the application refers to verification of searches issued, the certificate, together with the lists and records submitted with the application in terms of the Second Schedule, shall be made available within eighteen working days, so however that where the verification is limited to the checking and certification of notes of reference in respect of particular notes of preference not forming part of an official search application, the certificate shall be made available within seven working days;

(e) any regular client may reach an arrangement with the Director whereby such regular client will be entitled to submit, on good cause being shown to the satisfaction of the Director, an application for a new search or for

(i) the new search within three working days; and

(ii) a computer print-out of the lists, relating to a period of thirty days prior to two working days from date of order, compiled from the indexes, on the next following working day, or, where the request is made before 9.00 a.m., by noon of the same day, while the relative copies will be made available within two working days, and in such case, the regular client shall pay double the total fees normally due, provided that where any period herein-mentioned is not respected, including those instances where the provisions of sub-regulation

(6) apply, the regular client shall only pay the fee established in Section C of the First Schedule of the Public Registry Act, even if the search or updating is ready before any period mentioned in paragraphs (b) and (c).

(6) The time periods mentioned in the preceding subarticle shall commence from the day following the receipt of the application, but the Director may, on good cause being shown, not adhere to such time periods and shall in such case inform the applicant accordingly. Where the amount of entries within the same group, excluding common notes, exceeds thirty in number, this fact, in itself, constitutes a good cause for the purposes of this subarticle.