43(1)The amendments in Part 1 of this Schedule to section 10(1) and (2) of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate) and to section 16(1) of that Act so far as it applies to that section do not have effect in relation to a search of the old register made before the relevant date.E+W
(2)Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 in consequence of—
(a)the authority's failure before the relevant date to register, or register correctly, a local land charge in the old register,
(b)the authority's failure before the relevant date to satisfy an entitlement to search in the old register conferred by section 8 of that Act as mentioned in subsection (1A) of that section, or
(c)the omission of a local land charge from an official search certificate issued by the authority before the relevant date.
(3)Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 where—
(a)an act or omission of the Chief Land Registrar gives rise to that liability, but
(b)that act or omission is in consequence of a failure by the authority to provide any information about a charge registered in the old register.
(4)Sub-paragraph (5) applies where—
(a)the Chief Land Registrar's liability arises as a result of the local authority's failure before the relevant date—
(i)to register, or register correctly, a local land charge in the old register, or
(ii)to provide any information about a local land charge registered in the old register to the Chief Land Registrar,
(b)the local authority is not the originating authority in relation to the charge, and
(c)the originating authority—
(i)did not apply for registration of the charge in time for it to be practicable for the local authority to register it before the relevant date, or
(ii)made an error in applying to register the charge, or in applying for the registration of the charge to be varied or cancelled.
(5)Where this sub-paragraph applies, the Chief Land Registrar may recover an amount equal to the compensation from the originating authority (and may not recover such an amount from the local authority).
(6)Sub-paragraph (7) applies where compensation for loss under section 10 of the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).
(7)No part of the amount paid, or of any corresponding amount paid to the Chief Land Registrar by the local authority or originating authority under any of those sub-paragraphs, is to be recovered by the Chief Land Registrar, the local authority or originating authority from any other person except as provided by any of sub-paragraphs (2) to (4) or under a policy of insurance or on grounds of fraud.
(8)Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do not apply where compensation for loss under that section is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).
Commencement Information
I1Sch. 5 para. 43 in force at 12.4.2015, see s. 57(5)(e)