The Land Registration (No. 3) Rules 2000

Rule 3(1)

SCHEDULE 3 AMENDMENTS TO THE OFFICIAL SEARCHES RULES

1.  In rule 2—

(a) for the definition of “priority period” in paragraph (1) substitute—

““priority period” means the period beginning at the time when the application for an official search is deemed by virtue of paragraph (3) of this rule to have been delivered and ending at midnight on the thirtieth day thereafter;”

(b) substitute for paragraph (3)—

“(3) An application for any official search with priority made by a purchaser however delivered shall be deemed to have been delivered on the date and at the time notice of it is entered on the day list.”

2.  In rule 3—

(a) substitute for paragraph (4)—

“(4) Where the application is made on Form 94B, unless the registrar otherwise allows, the accompanying plan shall be delivered in duplicate.”

(b) delete paragraph (5).

3.  In rule 4—

(a) substitute the following for paragraphs (1) and (2)—

“(1) Notice of an application for an official search with priority shall be entered on the day list.

(2) If the application is in order, upon completion of the official search with priority an official certificate of search shall be issued giving the result of the search as at the date and time that the application is deemed to have been delivered.

(2A) An official certificate of search with priority of a register or in relation to pending first registration application may, at the registrar’s discretion, be issued in one or both of the following ways:

(a) in documentary form;

(b) during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraph (a).”

(b) In paragraph (4) delete the words “in Form 94B(Result) or”.

(c) Substitute for paragraph (5)—

“(5) Where an official certificate of search is issued under paragraph (2A)(b) and another official certificate of search is to be, or has been, issued under paragraph (2A)(a) in respect of the same application, it need only include the information specified at A, F, G and H of Part I and I of Part II of Schedule 2 as the case may require.”

4.  In rule 8 substitute “rule 299” for “rule 298”.

5.  In rule 9—

(a) substitute for paragraph (3)—

“(3) Where the application is made on Form 94C under paragraph (2)(a), unless the registrar otherwise allows, the accompanying plan shall be delivered in duplicate.”

(b) delete paragraph (4).

6.  In rule 10—

(a) substitute for paragraph (2)—

“(2) An official certificate of search without priority may, at the registrar’s discretion, be issued in one or both of the following ways:

(a) in documentary form;

(b) during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in paragraph (a).”

(b) in paragraph (4) delete the words “in Form 94C (Result) or”

(c) substitute for paragraph (5)—

“(5) Where an official certificate of search is issued under paragraph (2)(b) and another official certificate of search is to be, or has been, issued under paragraph (2)(a) in respect of the same application, it need only include the information specified at A, F, G and H of Part I of Schedule 2”

7.  In rule 14—

(a) in paragraph (6) substitute “and 10(2)(b)” for “10(2)(c) and (12)”.

(b) substitute “rule 4(2A)(b)” for “rule 4(2)(c)” and “rule 10(2)(b)” for “rule 10(2)(c)” wherever they appear.

8.  In Schedule 2—

(a) in Part I—

(i) in paragraph B insert “and time” after “date”.

(ii) in paragraph F insert “midnight on” before the words “the date specified”.

(iii) in paragraph I substitute “the date and time at” for “the date on”.

(b) in Part II—

(i) in paragraph B insert “and time” after “date”.

(ii) in paragraphs G and H substitute “date and time at” for “date upon”.

(iii) in paragraph J substitute “ The date and time at” for “The date on”.