The Land Registration Rules 2002

Explanatory Note

(This note is not part of the rules)

These Rules:

(A) amend the Land Registration Rules 1925 so as to—

(a) remove an obsolete reference to the Land Registry General Map; and

(b) remove the obligation to provide evidence of non-revocation of powers of attorney that are more than 12 months old unless so required by the Registrar and to introduce a standard form of statutory declaration or certificate as evidence of such non-revocation; and

(c) remove the obligation to provide evidence in support of a power delegating trustees' functions to a beneficiary unless required by the Registrar and to introduce a standard form of statutory declaration or certificate as supporting evidence; and

(d) relax the provisions relating to the retention of original documents by the Registry where a copy is retained in an electronic or other non-documentary form; and

(e) allow a caution against dealings and a caution against registration of a possessory or qualified title, as qualified or absolute to be signed by any person authorised by the cautioner (form CT2, which is prescribed by rule 215(3), already provides that the requisite declaration may be given by the cautioner or a person authorised by the cautioner); and

(f) remove the requirement that the certificate required under section 99(1)(i) of the Land Registration Act 1925 be given under seal of the Church Commissioners; and

(g) extend the provisions that require companies to provide details of their registration numbers and a certificate under section 395 of the Companies Act 1985 to limited liability partnerships; and

(h) allow the Registrar, on receipt of a request under article 22 of Council Regulation (EC) No 1346/2000 on insolvency proceedings, to enter a note of a judgment opening insolvency proceedings.

(B) amend the Land Registration (Open Register) Rules 1991 so as to—

(a) extend the provisions allowing specified persons to inspect (and to obtain copies of and extracts from) documents in the custody of the registrar and to make searches in the index of proprietors' names, to include Department of Trade and Industry senior investigators;

(b) remove references to the Drug Trafficking Offences Act 1986(1) and to replace such references with references to the Drug Trafficking Act 1994(2); and

(c) remove reference to section 17 of the Prevention of Terrorism (Temporary Provisions) Act 1989(3) and to replace such references with references to the Terrorism Act 2000(4).

(C) amend the Land Registration (Souvenir Land) Rules 1972 so that the provisions relating to compulsory first registration introduced by the Land Registration Act 1997(5) do not apply to souvenir land.

(1)

1986 c. 32. Section 38 was repealed by the Drug Trafficking Act 1994, section 67(1) and Schedule 3.

(2)

1994 c. 37.

(3)

1989 c. 4. The Act was repealed by the Terrorism Act 2000, section 125 and Schedule 16.

(4)

2000 c. 11.

(5)

1997 c. 2.