4Registration of rights of occupation
(1)At the end of section 64 of the [1925 c. 21.] Land Registration Act 1925 there shall be inserted the following subsection—
“(5)Subsection (1) above shall not require the production of the land certificate when a person applies for the registration of a notice by virtue of section 2(7) of the Matrimonial Homes Act 1967 (spouse's charge in respect of rights of occupation).”
(2)In section 2 of the Act of 1967 after subsection (7) there shall be inserted the following subsection—
“(7A)A spouse's rights of occupation (whether or not constituting a charge) shall not entitle that spouse to lodge a caution under section 54 of the Land Registration Act 1925.”,
and in the said subsection (7) the words " or caution " shall be omitted, but this subsection shall not affect any caution duly lodged before the commencement of this Act as respects any estate or interest.
(3)At the end of the said section 2 there shall be added the following subsection—
“(9)It is hereby declared that a charge under subsection (1) or (1A) above is not registrable by notice under subsection (7) above, or as a Class F land charge, unless it is a charge on a legal estate”.
(4)After section 112A of the Land Registration Act 1925 there shall be inserted the following section—
“112BSearch on behalf of mortgagee for notice or caution for statutory rights of occupation.
Where registered land which consists of or includes a dwelling house is subject to a registered charge, or to a mortgage which is protected by a notice or caution in accordance with section 106(3) of this Act, the proprietor of the registered charge, or as the case may be the mortgagee, may requisition an official search of the register to ascertain whether any notice or caution affecting that land has been registered under section 2(7) of the Matrimonial Homes Act 1967, and a certificate showing the result of that search.”