2007 No. 3

REGISTRATION OF DEEDS

The Registration of Deeds (Fees) Order (Northern Ireland) 2007

Made

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation

The Department of Finance and Personnel, makes the following Order in exercise of the powers conferred by section 16(1) of the Registration of Deeds Act (Northern Ireland) 19701 and now vested in it2.

Citation and commencement1

This Order may be cited as the Registration of Deeds (Fees) Order (Northern Ireland) 2006 and shall come into operation on 1st April 2007.

Interpretation2

In this Order “order charging land” has the same meaning as in Article 46(1) of the Judgements Enforcement (Northern Ireland) Order 19813.

Fees3

The fees to be taken in the Registry of Deeds in respect of the matters set out in column 1 of the Schedule shall be those set out opposite thereto in column 2.

Revocation4

The Registration of Deeds (Fees) Order (Northern Ireland) 19964 is hereby revoked.

Sealed with the Official Seal of the Department of Finance and Personnel on 9th January 2007.

A senior officer of theDepartment of Finance and Personnel

SCHEDULE

Article 3

Column 1

Column 2

Fee

REGISTRATION1

a

Upon every memorial received for the registration of a document other than a document specified in paragraph 7 of this Schedule

£13.00

b

Upon every document lodged pursuant to Article 6(6) and 7 of the Family Homes and Domestic Violence (Northern Ireland) Order 19985 and Regulation 13 of the Registration of Deeds Regulations (Northern Ireland) 19976

£13.00

CERTIFICATES OF REGISTRATION2

For every special certificate of registration

£13.00

COMMON SEARCH OR NEGATIVE SEARCH MADE BY OFFICE UNDER A REQUISITION3

For each completed search in respect of each name

£25.00

SEARCH BY MEMBERS OF THE PUBLIC4

To search the electronic records filed since 1st January 1990, per set of up to 90 results obtained—

i

For each search completed via the internet

£6.00

ii

For each search completed otherwise

£9.00

COPIES MADE IN REGISTRY OF DEEDS5

Certified copy of a memorial filed since 1st January 1990 under the Registration of Deeds Acts

£15.00

Uncertified copy of a memorial filed since 1st January 1990 under the Registration of Deeds Acts

£5.00

ENTRY OF SATISFACTION OF MORTGAGE OR CHARGE6

a

Entry relating to the satisfaction of mortgage…

£8.00

b

Entry of satisfaction of order charging land…

£8.00

VACATION OF REGISTRATION BY COURT ORDER OR CERTIFICATE7

Entry of vacation of registration by judgment, decree or order of a Court, Court certificate or other certificate

£8.00

VACATION OF REGISTRATION OF BANKRUPT'S RIGHTS OF OCCUPATION8

Entry of vacation of registration of a charge in respect of a bankrupt’s rights of occupation where the vacate is made pursuant to regulation 20(5) of the Registration of Deeds Regulations (Northern Ireland) 1997

£8.00

(This note is not part of the Order.)

This Order which revokes and replaces the Registration of Deeds (Fees) Order (Northern Ireland) 1996, specifies the fees to be taken in respect of documents lodged for Registration in the Registry of Deeds (“the Registry”) and for other work carried out by the Registry.

The main changes effected by the Order are:

a

the fee for registration of a memorial and documents lodged pursuant to the specified provisions of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 and the Registration of Deeds Regulations (Northern Ireland) 1997 is reduced from £14.00 to £13.00;

b

the fee payable for every special certificate of registration is reduced from £14.00 to £13.00;

c

the fee payable for a common or negative search has been changed from £4.00 for each half hour or part thereof to £25.00 irrespective of time taken to complete;

d

the method of charging for searches by members of the public has changed from time based to transaction based and consequently a new fee structure has been introduced. No fee will be incurred to search or to provide certified or uncertified copies of the paper-based records filed in the Registry prior to 1990;

e

to search electronic records filed since 1990, will incur a fee of £6.00, per set of up to 90 results, where the customer searches via the Internet. Where the customer searches using the Agency’s facilities, a fee of £9.00 per set of up to 90 results, will be incurred;

f

the fee for a certified copy memorial filed under the Registration of Deeds Acts has increased from £5.50 to £15.00 and the fee for an uncertified copy memorial has increased from £1.50 to £5.00;

g

the fee payable for entry relating to the satisfaction of mortgage or entry of satisfaction of order charging land charge has increased from £4.00 to £8.00; and

h

registration of a vacate has increased from £4.00 to £8.00.