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Diplomatic and Consular Premises Act 1987

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SCHEDULES

Section 4.

SCHEDULE 1E+W+S+N.I. PROVISIONS SUPPLEMENTARY TO SECTIONS 2 AND 3

PART IE+W+S+N.I. ENGLAND AND WALES

InterpretationE+W+S+N.I.

1In this Part of this Schedule—E+W+S+N.I.

  • [F1registered land” has the same meaning as in the Land Registration Act 2002;]

  • the registrar” means the Chief Land Registrar;

  • the registry” means Her Majesty’s Land Registry;

  • the searches rules” means the M1Land Registration (Official Searches) Rules 1986 and any rules amending or replacing them;

F2...

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Amendments (Textual)

Marginal Citations

GeneralE+W+S+N.I.

[F32(1)If the Secretary of State gives notice to the registrar that he has reason to believe that any register or document in the custody of the registrar may contain information relating to any person or property specified in the notice which would be of assistance to him in connection with the exercise of the power conferred on him by section 2 above, the registrar shall permit him to inspect and make copies of and extracts from any such register or document so far as it relates to any such person or property.E+W+S+N.I.

(2)The following paragraph shall be inserted after subsection (1)(a) of section 112 of the Land Registration Act 1925 (inspection of register and other documents at Land Registry)—

(aa)to paragraph 2(1) of Schedule 1 to the Diplomatic and Consular Premises Act 1987 (power of Secretary of State to inspect register in connection with exercise of power to vest in himself former diplomatic or consular premises);.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Sch. 1 para. 2 repealed (E.W.) by Land Registration Act 1988 (c.3, SIF 98:2). ss. 1(g), 2, Sch.

3A deed poll under section 2 above shall have effect to vest in the Secretary of State the benefit of any covenant touching and concerning the land to which the deed relates but not annexed to it if, immediately before the vesting of the estate to which the deed relates, the covenant was enforceable by the person divested of that estate.E+W+S+N.I.

4Where—E+W+S+N.I.

(a)a term of years has vested in the Secretary of State under section 2 above; and

(b)assignment of the term is absolutely prohibited,

the prohibition shall be treated, in relation to an assignment on sale under section 3 above, as if it were a provision to the effect that the term may not be assigned without the consent of the landlord and that such consent shall not be unreasonably withheld.

Registered landE+W+S+N.I.

5(1)If an estate which the Secretary of State proposes to vest in himself is registered land—E+W+S+N.I.

(a)he shall be treated for the purposes of the searches rules as a purchaser within the meaning of those rules; and

(b)the deed vesting the registered land in him shall be treated for the purposes of those rules as the instrument effecting the purchase.

(2)If after vesting registered land in himself the Secretary of State lodges the vesting deed at the registry the registrar shall register him as the proprietor of the land.

Unregistered landE+W+S+N.I.

6A conveyance by the Secretary of State under this Act shall have effect if the estate conveyed is not registered land—E+W+S+N.I.

(a)to vest the estate conveyed in the purchaser free from any mortgage to which the sale is not made subject; and

(b)to extinguish any other person’s title to the estate conveyed.

7(1)Where by virtue of paragraph 6 above land is discharged from a mortgage, the mortgagee shall be entitled, subject to the following provisions of this paragraph and to the claims of any prior mortgagee, to have the proceeds of sale applied in payment of the sums secured by the mortgage.E+W+S+N.I.

(2)The Secretary of State may by publishing such notice or notices as he thinks appropriate require any person who claims to be entitled to a payment under sub-paragraph (1) above to send particulars of his claim to the Secretary of State within the time, not being less than two months, fixed in the notice or, where more than one is published, in the last of them.

(3)At the end of the time fixed by the notice or, where more than one is published, the last of them, the Secretary of State shall not be liable to any person of whose claim he has not then received particulars.

8Where, after land has become vested in the Secretary of State under section 2 above, a person retains possession of any document relating to the title to the land, he shall be deemed to have given the Secretary of State an acknowledgment in writing of the Secretary of State’s right to production of that document and to delivery of copies thereof and (except where he retains possession of the document as mortgagee of trustee or otherwise in a fiduciary capacity) an undertaking for safe custody thereof; and section 64 of the M2Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment and undertaking did not contain any such expression of contrary intention as is mentioned in that section.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

PART IIE+W+S+N.I. SCOTLAND

9In this Part of this Schedule “order” means an order under section 2(5) above.E+W+S+N.I.

10An order shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the M3Conveyancing (Scotland) Act 1874.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

11On the date on which an order is made, the land specified in the order, together with the right to enter upon and take possession of it, shall vest in the Secretary of State.E+W+S+N.I.

12(1)Where the Secretary of State has effected a sale of the premises or any part thereof and grants to the purchaser or his nominee a disposition of the subjects sold, which bears to be in implement of the sale and which does not bear to be subject to a prior security, then, on that disposition being duly recorded or (as the case may be) registered, those subjects shall be disburdened of any heritable security or diligence affecting the subjects.E+W+S+N.I.

(2)Where on a sale as aforesaid the premises remain subject to a prior security, the recording of a disposition under sub-paragraph (1) above shall not affect the rights of the creditor in that security, but the Secretary of State shall have the like right as the debtor to redeem the security.

13Where a lease has vested in the Secretary of State by virtue of an order and that lease prohibits assignation absolutely, that prohibition shall be treated as if it were a prohibition to the extent only that the lease shall not be assigned without the consent of the landlord, such consent not to be unreasonably nor unfairly withheld nor delayed.E+W+S+N.I.

14Where, after land has become vested in the Secretary of State under section 2 above, a person retains possession of any document relating to the title to the land, he shall be deemed to have given to the Secretary of State an acknowledgment in writing of the right of the Secretary of State to production of that document and to delivery of copies thereof and (except where he retains possession of the document as heritable creditor or as trustee or otherwise in a fiduciary capacity) an undertaking for safe custody thereof.E+W+S+N.I.

15After an order has been made it may be recorded in the General Register of Sasines or (as the case may be) in the Land Register of Scotland.E+W+S+N.I.

PART IIIE+W+S+N.I. NORTHERN IRELAND

InterpretationE+W+S+N.I.

16In this Part of this Schedule—E+W+S+N.I.

  • estate” includes interest;

  • registered land” means land the title to which is registered under the M4Land Registration Act (Northern Ireland) 1970;

  • unregistered land” means land the title to which is not registered under the Land Registration Act (Northern Ireland) 1970.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M41970 c. 18. (N.I.).

GeneralE+W+S+N.I.

17(1)Where—E+W+S+N.I.

(a)a tenancy has vested in the Secretary of State under section 2 above; and

(b)assignment of the tenancy is absolutely prohibited,

the prohibition shall be treated, in relation to an assignment on sale under section 3 above, as if it were a provision to the effect that the tenancy may not be assigned without the consent of the landlord and that such consent shall not be unreasonably withheld.

(2)In this paragraph “tenancy” includes a fee farm grant.

18A deed poll under section 2 above shall have effect to vest in the Secretary of State the benefit of any covenant touching and concerning the land to which the deed relates but not annexed to it if, immediately before the vesting of the estate to which the deed relates, the covenant was enforceable by the person divested of that estate.E+W+S+N.I.

Registered landE+W+S+N.I.

19(1)If an estate which the Secretary of State proposes to vest in himself under section 2 above is registered land—E+W+S+N.I.

(a)he shall have a right, in accordance with the prescribed procedure, to inspect and make copies of the whole or any part of any register or document in the custody of the registrar relating to that estate; and

(b)he shall be treated for the purposes of the priority search provisions as if he were a person who has entered into a contract to purchase that estate, and any reference in those provisions to purchase shall be construed accordingly.

(2)If after vesting registered land in himself the Secretary of State lodges the vesting deed at the registry, the registrar—

(a)shall register him as the owner of the estate specified in the deed poll; and

(b)shall issue him a certificate showing the title to the estate.

(3)The registrar may, if he thinks fit, register the title of the Secretary of State to an estate under sub-paragraph (2) above notwithstanding that the Secretary of State has not produced to him the land certificate relating to the land in which the estate subsists and, where the registrar does so, he shall enter a note to that effect in the register.

(4)In this paragraph—

  • the priority search provisions” means section 81(3) and (4) of the M5Land Registration Act (Northern Ireland) 1970 and the provisions of the M6Land Registration (Northern Ireland) Rules 1977 relating to priority searches and any rules amending or replacing those provisions;

  • the registrar” means the Registrar of Titles in Northern Ireland;

  • the registry” means the Land Registry in Northern Ireland;

and expressions defined in section 94 of the Land Registration Act (Northern Ireland) 1970 have the meanings assigned to them by that section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M51970 c. 18. (N.I.).

M6S.R. (N.I.) 1977 No. 154.

Unregistered landE+W+S+N.I.

20A conveyance by the Secretary of State under this Act of unregistered land shall have effect—E+W+S+N.I.

(a)to vest the estate conveyed in the purchaser free from any mortgage to which the sale is not made subject; and

(b)to extinguish any other person’s title to the estate conveyed.

21Where, after land has become vested in the Secretary of State under section 2 above, a person retains possession of any document relating to the title of the land, he shall be deemed to have given the Secretary of State an acknowledgement in writing of the Secretary of State’s right to production of that document and to delivery of copies thereof and (except where he retains possession of the document as mortgagee or trustee or otherwise in a fiduciary capacity) an undertaking for safe custody thereof; and section 19 of the M7Conveyancing Act 1881 shall have effect accordingly, and on the basis that the acknowledgement and undertaking did not contain any such expression of contrary intention as is mentioned in that section.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

22(1)Where by virtue of paragraph 20 above land is discharged from a mortgage, the mortgagee shall be entitled, subject to the following provisions of this paragraph and to the claims of any prior mortgagee, to have the proceeds of sale applied in payment of the sums secured by the mortgage.E+W+S+N.I.

(2)The Secretary of State may, by publishing such notice or notices as he thinks appropriate, require any person who claims to be entitled to a payment under sub-paragraph (1) above to send particulars of his claim to the Secretary of State within the time, not being less than two months, fixed in the notice or, where more than one notice is published, in the last of them.

(3)At the end of the time fixed by the notice or, where more than one is published, the last of them, the Secretary of State shall not be liable to any person of whose claim he has not then received particulars.

(4)If after executing a deed poll under section 2 above with respect to unregistered land, the Secretary of State lodges it at the registry of deeds, the registrar shall register it.

Section 6.

SCHEDULE 2E+W+S+N.I. AMENDMENTS OF 1964 AND 1968 ACTS

1The following shall be inserted at the end of Schedule 1 to the 1964 Act—E+W+S+N.I.

ARTICLE 45

If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:

(a)the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;

(b)the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;

(c)the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State..

2Schedule 1 to the 1968 Act shall have effect subject to the following amendments.E+W+S+N.I.

3The following shall be inserted after the heading “CHAPTER 1. - CONSULAR RELATIONS IN GENERAL”—E+W+S+N.I.

SECTION I.E+W+S+N.I. — ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS.

4The following shall be inserted after Article 17—E+W+S+N.I.

SECTION II.E+W+S+N.I. — END OF CONSULAR FUNCTIONS

ARTICLE 27

Protection of consular premises and archives and of the interests of the sending State in exceptional circumstancesE+W+S+N.I.

1In the event of the severance of consular relations between two States:

(a)the receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives;

(b)the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, to a third State acceptable to the receiving State;

(c)the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

2In the event of the temporary or permanent closure of a consular post, the provisions of sub-paragraph (a) of paragraph 1 of this Article shall apply. In addition,

(a)if the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or

(b)if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of sub-paragraphs (b) and (c) of paragraph 1 of this Article shall apply..

5The following paragraph shall be inserted after paragraph 2 of Article 31—E+W+S+N.I.

3Subject to the provisions of paragraph 2 of this Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity..

6The following shall be inserted after Article 58—E+W+S+N.I.

ARTICLE 59

Protection of the consular premisesE+W+S+N.I.

The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity..

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