The Land Registration Rules 1993

Explanatory Note

(This note is not part of the Rules)

These Rules:

(1) Amend the Land Registration Rules 1925 by:

(a) amending the definition of “proper office” in rule 1(5A);

(b) inserting in rule 1(5H) a definition of “registry” for the purposes of rules 42 (completion of registration), 90 (retention of documents in registry), 267 (cancellation of certificate), 306(2) (dealing with documents which do not have to be retained at the Registry) and 310(1) (return of certain documents and destruction permitted in certain cases);

(c) amending rule 9(3) so that there is no longer a requirement that the result of a search of the index of proprietors' names include a short description of the property comprised in each title number revealed, and, in the case of a proprietor of a charge, the date of the charge;

(d) substituting a new rule 17 (new editions of the register);

(e) revoking rules 92 (return of building society charges after registration) and 93 (endorsement of certificate of registration on building society charges);

(f) amending rule 262(1)(a) so as to provide that either the original or an office copy of the charge shall be contained in the charge certificate.

(2) Amend the Land Registration (Open Register) Rules 1991 so as to:

(a) prescribe the conditions for access to the registrar’s computer system, by means of a person’s remote terminal, for the purpose of inspection and the making of copies of and extracts from entries on the register of a registered title held on that system;

(b) enable a person authorised by the Commissioners of Inland Revenue and having the consent of a Special or General Commissioner to make the application to apply in the prescribed form (in connection with the assessment, or the amount, of tax liability) to inspect and copy, and to obtain office copies of, leases and charges and documents in the custody of the registrar relating to any land or charge which is not referred to in the register and to apply for a search of the index of proprietors' names;

(c) provide that applications in documentary form under those Rules are, subject to one exception, to be made to the district land registry which is responsible for the land to which the application relates. Applications not in documentary form are to be made to the registrar;

(d) amend the framework whereby during the currency of any notice given under rule 13(1) certain types of application may be delivered by a variety of means.