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Land Registration and Land Charges Act 1971

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This is the original version (as it was originally enacted).

Part IIIMiscellaneous and General

12Meaning of " Her Majesty's Land Registry "

Section 126(1) of the Land Registration Act 1925 (which provides that there shall continue to be an office in London to be called Her Majesty's Land Registry) shall not be construed as requiring the whole of the business of Her Majesty's Land Registry to be conducted in London; and for the purposes of any provision in the Land Charges Act 1925 or in section 9 (registration of agricultural charges) of the Agricultural Credits Act 1928 requiring any register or index to be kept at that Registry or otherwise requiring or authorising anything to be done at or delivered or sent to that Registry (including any such provision of the Land Charges Act 1925 as applied by the said section 9), any reference to that Registry shall, if the Chief Land Registrar so directs, be read as a reference to such office of that Registry (whether in London or elsewhere) as may be specified in the direction.

13Expenses

There shall be paid out of moneys provided by Parliament any increase in the expenses of the Chief Land Registrar which is attributable to any provision of this Act.

14Repeals

(1)The following provisions (which are obsolete or otherwise unnecessary) shall cease to have effect, namely—

(a)the Land Registry (Middlesex Deeds) Act 1891;

(b)section 75(4) of the Land Registration Act 1925 (power of registrar to award indemnity in connection with acquisition of title by possession);

(c)in the Land Charges Act 1925—

(i)section 2(7) (entry of discharge or satisfaction of registered pending action);

(ii)section 4(3) (entry of satisfaction, cesser or discharge of registered annuity);

(iii)section 6(6) (entry of discharge or satisfaction of registered writ or order affecting land);

(iv)section 17(6) (saving for extraneous rights to search in registry);

(v)section 18 (Middlesex Registry Act 1708 not to apply to certain instruments);

(d)section 2 of the Land Registration Act 1936 (closing of Middlesex Deeds Registry).

(2)Subject to sections 2(6) and 10 of this Act—

(a)the enactments mentioned in Part I of Schedule 2 to this Act are hereby repealed as from the passing of this Act to the extent specified in column 3 of that Part; and

(b)the enactments mentioned in Part II of that Schedule are hereby repealed as from the commencement of this paragraph to the extent specified in column 3 of that Part.

15Short title, citation, construction, interpretation, commencement and extent

(1)This Act may be cited as the Land Registration and Land Charges Act 1971, and—

(a)the Land Registration Acts 1925 to 1966 and Part I of this Act may be cited together as the Land Registration Acts 1925 to 1971; and

(b)the Land Charges Act 1925 and Part II of this Act may be cited together as the Land Charges Acts 1925 and 1971.

(2)Part I of this Act shall be construed as one with the Land Registration Act 1925, so however that, in section 144(1)(xxxi) of that Act and section 4(1)(f) of this Act, the references to that Act shall not be construed as extending to section 4 of this Act; and Part II of this Act shall be construed as one with the Land Charges Act 1925.

(3)Without prejudice to subsection (2) above, it is hereby declared that the provisions of this Act bind the Crown.

(4)Except in so far as the context otherwise requires, any reference in this Act to any enactment is a reference to it as amended by or under any other enactment, including this Act.

(5)The following provisions of this Act, namely sections 3, 4, 5(1), 6 to 14 (except section 14(2)(b)), this section, Schedule 1 and Part I of Schedule 2, shall come into force on the day this Act is passed, and the other provisions of this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.

(6)Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the time at which under or by virtue of subsection (5) above that provision comes into force.

(7)This Act does not extend to Scotland or Northern Ireland.

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