Infrastructure Act 2015

9 (1) Section 10 (compensation for non-registration or defective official search certificate) is amended as follows.

(2) In subsection (1)—

(a) omit “appropriate” in each place,

(b) in paragraph (aa) for “in a case where” substitute “if”, and

(c) in that paragraph for “otherwise than in documentary” substitute “in electronic”.

(3) Omit subsection (2).

(4) In subsection (4) for “registering authority in whose area the land affected is situated” substitute “Chief Land Registrar”.

(5) In subsection (5)—

(a) for the words from “a registering authority” to “not the originating authority” substitute “the Chief Land Registrar”, and

(b) for “the registering authority” in each place substitute “the Chief Land Registrar”.

(6) After that subsection insert—

“(5A) An amount equal to any compensation paid under this section by the Chief Land Registrar in respect of a local land charge is also recoverable from the originating authority in a case where the matter within subsection (1) giving rise to the Chief Land Registrar’s liability is a consequence of—

(a) an error made by the originating authority in applying to register the local land charge, or

(b) an error made by the originating authority in applying for the registration of the local land charge to be varied or cancelled.”

(7) In subsection (6)—

(a) for “a registering authority” substitute “the Chief Land Registrar”,

(b) for “that authority” substitute “the Chief Land Registrar”,

(c) after “(5)” in each place insert “or (5A)”, and

(d) for “the registering authority” substitute “the Chief Land Registrar”.

(8) After subsection (6) insert—

“(6A) The Chief Land Registrar may insure against the risk of liability to pay compensation under this section.”

(9) In subsection (7) for “Limitation Act 1939” substitute “Limitation Act 1980”.

(10) In subsection (9) for “registering authority’s” substitute “Chief Land Registrar’s”.