Registration of Deeds Regulations (Northern Ireland) 1997

Registration of bankrupt’s rights of occupation and the vacation, variation, release or postponement of priority of such rights

20.—(1) Regulations 13 and 14 shall not apply to a bankrupt’s rights of occupation under Article 310 of the 1989 Order.

(2) The document to be lodged in the registry of deeds for registration of a charge in respect of such rights of occupation shall be in Form 14.

(3) Except as provided in paragraph (5) the document to be lodged in the registry of deeds for registration of the variation of a bankrupt’s rights of occupation, or the release of any interest in all or any part of the relevant dwelling house from such rights, or the postponement of the priority of such rights shall be in Form 15.

(4) Except as provided in paragraph (6), where a charge in respect of a bankrupt’s rights of occupation affects unregistered land, its registration in the registry of deeds and the variation, release of, or the postponement of the priority of, such registration shall be effected by entering particulars of such document in the Abstract Book and in the Index of Names.

(5) The document to be lodged in the registry of deeds for the purpose of vacating the registration of a charge in respect of such rights of occupation shall be—

(a) an office copy of a judgment, decree or order of a court authorising the vacation of or terminating such charge;

(b) a certificate signed by an official of a court or under the seal of a court stating that such charge or the rights of occupation protected by such charge have ceased to have effect; or

(c) a certificate in Form 16 made by the bankrupt.

(6) The registration of a document lodged in the registry of deeds for the purpose of vacating the registration of a charge in respect of such rights of occupation shall be effected by entering a memorandum of such vacate in the Abstract Book adjacent to the entry of the registration of the relevant charge.

(7) When lodging a document referred to in paragraphs (2) and (3), the original document shall be accompanied by a copy certified as a true copy by the person lodging the document for registration or causing it to be so lodged. The original document shall, for the purpose of the Registration of Deeds Acts, be treated as the document to be registered and the copy shall, subject to regulation 4, be treated for those purposes as the memorial of that document.