Point in time view as at 05/12/2005.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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.
4(1)Where a [F2spouse’s or civil partner’s home rights]F2 are a charge on an estate in the dwelling-house and the charge is registered under section 31(10) or under section 2 of the M1Land Charges Act 1972, the Chief Land Registrar shall, subject to sub-paragraph (2), cancel the registration of the charge if he is satisfied—E+W
[F3(a)in the case of a marriage—
(i)by the production of a certificate or other sufficient evidence, that either spouse is dead,
(ii)by the production of an official copy of a decree or order of a court, that the marriage has been terminated otherwise than by death, or
(iii)by the production of an order of the court, that the spouse’s home rights constituting the charge have been terminated by the order, and
(b)in the case of a civil partnership—
(i)by the production of a certificate or other sufficient evidence, that either civil partner is dead,
(ii)by the production of an official copy of an order or decree of a court, that the civil partnership has been terminated otherwise than by death, or
(iii)by the production of an order of the court, that the civil partner’s home rights constituting the charge have been terminated by the order.]
(a)the marriage [F4or civil partnership]F4 in question has been terminated by the death of the spouse [F5or civil partner]F5 entitled to an estate in the dwelling-house or otherwise than by death, and
then if, after the making of the order, registration of the charge was renewed or the charge registered in pursuance of sub-paragraph (3), the Chief Land Registrar shall not cancel the registration of the charge in accordance with sub-paragraph (1) unless he is also satisfied that the order has ceased to have effect.
(a)if before the date of the order the charge was registered under section 31(10) or under section 2 of the Land Charges Act 1972, renew the registration of the charge, and
(b)if before the said date the charge was not so registered, register the charge under section 31(10) or under section 2 of the Land Charges Act 1972.
(4)Renewal of the registration of a charge in pursuance of sub-paragraph (3) shall be effected in such manner as may be prescribed, and an application for such renewal or for registration of a charge in pursuance of that sub-paragraph shall contain such particulars of any order affecting the charge made under section 33(5) as may be prescribed.
(5)The renewal in pursuance of sub-paragraph (3) of the registration of a charge shall not affect the priority of the charge.
(6)In this paragraph “prescribed” means prescribed by rules made under section 16 of the Land Charges Act 1972 or [F8by land registration rules under the Land Registration Act 2002], as the circumstances of the case require.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: