Land Registration Act (Northern Ireland) 1970

PART XI N.I. SUPPLEMENTARY

93 Financial provisions. N.I.

(1 )F1 Subject to subsection (2), such salaries and remuneration of officials and other staff appointed to the Land Registry, and such other expenses incurred by, through or on behalf of the Land Registry in the operation of this Act, as the Ministry may, approve may be defrayed out of moneys provided by Parliament.

Subs.(2) rep. by 1992 NI 7

F1 functions of D/Env exercisable with the approval of D/FP., 1982 NI 6

94 Interpretation. N.I.

In this Act—

• “the Act of 1891” means the Local Registration of Title (Ireland) Act 1891 [1891 c.66] ;

• [F2 “bankruptcy order” means an order adjudging an individual bankrupt;

• “bankruptcy petition” means a petitition to the High Court for a bankruptcy order;]

• “certificate of charge” has the meaning assigned to it by section 79(1);

• “compulsory registration area” means any area declared to be such by the Ministry by an order under section 25;

• “Conveyancing Acts” means the Conveyancing Acts 1881 to 1911;

• “the court” has the meaning assigned to it by section 4;

• [F2 “debtor” in relation to a bankruptcy petition, means the individual to whom the petition relates.]

• [F3 “electronic communication” has the meaning given in section 4 of the Electronic Communications Act (Northern Ireland) 2001;]

• “estate”, without prejudice to section 45(2) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] , includes a charge;

• “full owner” has the meanings assigned to it by section 12(a) and (c);

• [F4 “insolvency administration” means the administration in bankruptcy of the insolvent estate of a deceased person;

• “insolvency administration order” means an order for the administration in bankruptcy of the insolvent estate of a deceased debtor (being an individual at the date of his death);

• “insolvency administration petition” means a petition for an insolvency administration order;]

• “judgment” includes judgment, decree, order and dismiss;

• [F4 “the Judgments Enforcement Order” means the Judgments Enforcement (Northern Ireland) Order 1981;]

• “land”, without prejudice to section 45(1) of the Interpretation Act (Northern Ireland) 1954, includes a charge;

• “land certificate” has the meaning assigned to it by section 79(1);

• “Land Purchase Acts” includes the Irish Church Act 1869 [1869 c.42] ;

• “the Land Registry” has the meaning assigned to it by section 1(1);

• “Land Registry Rules” means rules made under section 85(3);

• “lease” means any contract of tenancy and includes an agreement for a lease;

• “leasehold estate” means an estate in land under a lease, not being a term for securing money, with or without a covenant for renewal, and includes an estate held at a rent under a lease for a life or lives, or determinable on a life or lives, and, where a lease in possession and a reversionary lease to take effect in possession upon the expiry of the lease in possession are so held that the estate under both leases belongs to the same person otherwise than in different capacities, such leases, so far as they relate to land comprised in both leases, shall for the purposes of this Act be treated as creating one continuous term in possession;

• “limited owner”, in relation to registered land, means a person registrable under section 12(b) or (d) as a limited owner and a person described in[F5 the title register], pursuant to section 60(1), as a minor owner;

• [F6 “local authority” means a district council;]

• Definition rep. by 1992 NI 7

• “the Ministry” has the meaning assigned to it by section 25;

• “mortgage” has the same meaning as in the Conveyancing Acts;

• [F4 “the Order” means the Insolvency (Northern Ireland) Order 1989;]

• “pending action” means any action or proceeding, pending in the[F7 Court of Judicature] or in a county court, relating to any registered land;

• “personal representatives” means the executors or executor, original or by representation, or the administrators or administrator for the time being of a deceased person;

• “possession” includes the receipt of the rents and profits or the right to receive the same, if any;

• “prescribed” means prescribed by Land Registry Rules;

• “priority notice” has the meaning assigned to it by section 88(1)(c);

• “public or local body” includes any authority or body specified in paragraph 1 of Schedule 1 to the[F8 Financial Provisions (Northern Ireland) Order 1983 as an authority or body to whom government loans may be made];

• [F5 “the register” means the title register and the registry map;]

• Definitions rep. by 1992 NI 7

• “registered burden” means a Schedule 6 burden which has been registered or deemed to have been registered in the[F5 title register];

• “registered charge” means a charge which has been registered or deemed to have been registered in the[F5 title register];

• “registered statutory charge” means a statutory charge which is registered pursuant to Part X in the Statutory Charges Register;

• “the Registrar” has the meaning assigned to it by section 1(4);

• [F4 “the Registration of Deeds Act” means the Registration of Deeds Act (Northern Ireland) 1970;]

• “the registry map” has the meaning assigned to it by section 62[F5 (1)];

• [F4 “the Rules” means the Insolvency Rules (Northern Ireland) 1991;]

• “Schedule 5 burden” means a burden specified in Part I of Schedule 5;

• “Schedule 6 burden” means a burden specified in Part I of Schedule 6;

• “Settled Land Acts” means the Settled Land Acts 1882 to 1890;

• “settlement”, “settled land” , “tenant for life” and “trustees of the settlement” have respectively the same meanings as in the Settled Land Acts;

• “statutory charge” has the meaning assigned to it by section 87(1);

• “statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

• [F5 “the title register” means the register maintained pursuant to section 10;]

• “words of limitation” includes any words which operate as words of limitation.

F2 1989 NI 19

F3 S. 94: definition of "electronic communication" inserted (3.10.2011) by Land Registration (Electronic Communications) Order (Northern Ireland) 2011 (S.R. 2011/158), arts. 1, 2(4)

F4 SR 1991/365

F5 1992 NI 7

F6 SRO (NI) 1973/340

F7 S. 94: words in definition of "pending action" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

F8 1983 NI 1

S. 95, with Schedule 12, effects amendments

96 Transitional provisions and savings. N.I.

The transitional and saving provisions specified in Schedule 13 shall have effect for the purposes of this Act.

S. 97, with Schedule 14, effects repeals

98 Application to the Crown. N.I.

Subject to the provisions of this Act, this Act shall be binding on the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

99 Citation and commencement. N.I.

(1) This Act may be cited as the Land Registration Act (Northern Ireland) 1970.

(2) So much of Schedule 10 as relates to vesting orders shall be included among the Acts which may be cited as the Land Purchase Acts.

(3) Commencement