Land Registration (Amendment) Rules (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 4

LAND REGISTRATION

Land Registration (Amendment) Rules (Northern Ireland) 2007

Made

9th January 2007

Coming into operation

1st April 2007

The Department of Finance and Personnel, in exercise of the powers conferred by section 85 of the Land Registration Act (Northern Ireland) 1970(1) and now vested in it(2) and of every other power enabling it in that behalf, with the advice and assistance of the Land Registry Rules Committee(3), hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Land Registration (Amendment) Rules (Northern Ireland) 2006 and shall come into operation on 1st April 2007.

Interpretation

2.  In these Rules—

“the Land Registration Rules” means the Land Registration Rules (Northern Ireland) 1994(4);

a reference to a rule or a form is a reference to a rule or a form in the Land Registration Rules.

Amendment of the Land Registration Rules

3.  The Land Registration Rules are amended in accordance with the Schedule.

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

L.S.

A senior officer of the

Department of Finance and Personnel

SCHEDULE AMENDMENT OF THE LAND REGISTRATION RULES

1.  In Rule 2(1) (Interpretation)(5)—

(1) After the interpretation of “The Ground Rents Act” insert ““the 1998 Order” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998”(6).

(2) For the definition of “matrimonial charge” substitute ““matrimonial or civil partnership charge” has the same meaning as in Article 5 of the 1998 Order”.

(3) In the definition of “rights of occupation” for the words “Part II of the Family Law Order” substitute “Article 4 of the 1998 Order”.

2.  In Rule 29(2) (Notification of proposed registration)—

(a) After the word “matrimonial” insert “or civil partnership”.

(b) For the words “the Family Law Order” substitute “the 1998 Order”.

(c) After the word “spouse” insert “or civil partner”.

3.  In Rule 60 (Notice to owner of inclusion of registered charge) for the word “shall” substitute “may”.

4.  In Rule 86 (Registration of charging orders under the Criminal Justice Order) for the word “shall” substitute “may”.

5.  In Rule 89 (Application for registration of other enforcement orders) for the word “shall” substitute “may”.

6.  Delete Rule 90(2) (Cancellation of entries in respect of enforcement orders).

7.  In Rule 91(4) (Registration of pending actions) for the word “shall” substitute “may”.

8.  In Rule 92 (Registration of matrimonial charges and renewal of registration)—

(a) In the heading and in paragraphs (1), (4) and (5) after the word “matrimonial” where it occurs insert “or civil partnership”.

(b) In paragraph (1)(a) after the word “marriage” insert “or civil partnership”.

(c) For the words “the Family Law Order” in each place they occur, substitute the words “the 1998 Order”.

(d) In paragraph (2) for “Part II” substitute “Article 2(2)”.

(e) In paragraphs (3) and (5) for the words “Article 5(4)” in each place where they occur, substitute “Article 5(7)”.

9.  In Rule 93 (Cancellation and variation of entries relating to the registration of matrimonial charges and postponement of priority)—

(a) In the heading and in paragraph (1) after the word “matrimonial” where it occurs, insert “or civil partnership”.

(b) In paragraphs (2)(a) and (d) and (3)(a) after the word “spouse” in each place where it occurs, insert “or civil partner”.

(c) In paragraph (2)(b) after the words “nullity of marriage” insert “or a certified copy of a dissolution or nullity order of the civil partnership”.

(d) In paragraphs 2(b) and (d) after the word “marriage” insert “or civil partnership”.

(e) In paragraphs (2)(c) and (3) for the words “the Family Law Order” in each place where they occur substitute “the 1998 Order”.

(f) In paragraph 3 for the words “Article 5(4)” in each place where they occur, substitute “Article 5(7)”.

10.  In Rule 147(3) and (4) (Appurtenances) substitute the word “may” for “shall”.

11.  In Rule 153(3) (Notice of Bankruptcy petition) substitute the word “may” for “shall”.

12.  In Rule 169 (Notice of application) substitute the word “may” for “shall”.

13.  In Schedule 2 to the Land Registration Rules—

(a) For Form 1 substitute—

FORM 1 Application by a Solicitor for first registration (rule 11(1))

(b) Delete Form 2

(c) For Form 43 [Rule 92] substitute—

FORM 43 Application for the registration of a matrimonial or civil partnership charge as a burden

(rule 92(1))(Heading as in Form 18)

(d) For Form 44 [Rule 92(4)] substitute—

FORM 44 Entry of a matrimonial or civil partnership charge as a burden on the register(rule 92(4))

(e) For Form 45 [Rule 92(5)] substitute—

FORM 45 Application for the renewal of the registration of a matrimonial or civil partnership charge pursuant to Article 9(3)(a) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998

(rule 92(5))(Heading as in Form 18)

(f) For Form 100 (Rule 195) substitute—

FORM 100 Statement to accompany an application for registration or dealing presented in the Registry by a solicitor (Rule 195).

Explanatory Note

(This note is not part of the Rules)

These Rules make amendments to the Land Registration Rules (Northern Ireland) 1994 (“the Land Registration Rules”) consequential upon the Family Homes and Domestic Violence (Northern Ireland) Order 1998 and relevant provisions of the Civil Partnership Act 2004 which came into force in Northern Ireland on 5th December 2005.

These Rules also amend the Land Registration Rules to simplify applications for first registration of title and applications relating to registered land and the registration process.

(1)

1970 c. 18 (N.I.) as amended by S.I. 1978/459 (N.I. 4), S.I. 1989/2405 (N.I. 19), S.I. 1992/811 (N.I. 7) and 2001 c. 5 (N.I.)

(2)

By virtue of 1998 c. 47 s. 95(5) and Sch. 12, para. 10(1)(b)

(3)

Established by 1970 c. 18 (N.I.) s. 85(1)

(4)

S.R. 1994 No. 424 as amended by S.R. 2000 No. 165 and S.R. 2002 No. 229

(5)

Rule 2(1) was amended by paragraph 1 of the Schedule to the Land Registration(Amendment) Rules (Northern Ireland) 2002

(6)

SI 1998/1071 (N.I. 6)