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The Land Registration Rules 2003

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PART 13INFORMATION ETC

Interpretation of this Part

Definitions

131.  In this Part—

“commencement date” means the date of commencement of this Part,

“edited information document” means, where the registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b),

“exempt information document” means the original and copies of a document so designated under rule 136(3),

“prejudicial information” means—

(a)

information that relates to an individual who is the applicant under rule 136 and if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, cause substantial unwarranted damage or substantial unwarranted distress to the applicant or another, or

(b)

information that if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, prejudice the commercial interests of the applicant under rule 136,

“priority period” means—

(a)

where the application for an official search is entered on the day list before the date referred to in rule 216(3), the period beginning at the time when that application is entered on the day list and ending at midnight marking the end of the thirtieth business day thereafter, and

(b)

where the application for an official search is entered on the day list on or after the date referred to in rule 216(3), the period beginning at the time when that application is entered on the day list and ending at midnight marking the end of the thirty sixth business day thereafter,

“protectable disposition” means a registrable disposition (including one by virtue of rule 38) of a registered estate or registered charge made for valuable consideration,

“purchaser” means a person who has entered into or intends to enter into a protectable disposition as disponee,

“registrable estate or charge” means the legal estate and any charge which is sought to be registered as a registered estate or registered charge in an application for first registration,

“search from date” means—

(a)

the date stated on an official copy of the individual register of the relevant registered title, as the date on which the entries shown on that official copy were subsisting,

(b)

the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting,

“transitional period” means the period of two years beginning with the commencement date,

“transitional period document” means—

(a)

a lease or charge or a copy lease or charge kept by the registrar since before the commencement date, where an entry referring to the lease or charge was made in the register of title before the commencement date, or

(b)

any other document kept by the registrar which is not referred to in the register of title but relates to an application to the registrar and was received by the registrar before the commencement date.

Delivery of applications and issuing of certificates

Delivery of applications and issuing of certificates by electronic and other means

132.  (1)  During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, any application under this Part may be made by delivering the application to the registrar by any means of communication other than post, document exchange or personal delivery, and the applicant must provide, in such order as may be required by that notice, such of the particulars required for an application of that type as are appropriate in the circumstances and as are required by the notice.

(2) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, any certificates and other results of applications and searches under this Part may be issued by any means of communication other than post, document exchange or personal delivery.

(3) Except where otherwise provided in this Part, where information is issued under paragraph (2) it must be to like effect to that which would have been provided had the information been issued in paper form.

Inspection and copyuing

Inspection and copying

133.  (1)  This rule applies to the right to inspect and make copies of the registers and documents under section 66(1) of the Act.

(2) There is excepted from the right—

(a)any exempt information document,

(b)any edited information document which has been replaced by another edited information document under rule 136(6),

(c)any Form EX1A,

(d)any Form CIT,

(e)any Form to which Form CIT has been attached under rule 140(3) or (4), and

(f)any document or copy of any document prepared by the registrar in connection with an application in a Form to which Form CIT has been attached under rule 140(3) or (4).

(3) Subject to rule 132(1), an application under section 66 of the Act must be in Form PIC.

(4) Where inspection and copying under this rule takes place at an office of the land registry it must be undertaken in the presence of a member of the land registry.

(5) In paragraph (2) the references to Form EX1A and Form CIT and Forms to which Form CIT has been attached include any equivalent information provided under rule 132 and the reference to an application in a Form to which Form CIT has been attached includes an equivalent application made by virtue of rule 132.

Official Copies

Application for official copies of a registered title, the cautions register or for a certificate of inspection of the title plan

134.  (1)  A person may apply for—

(a)an official copy of an individual register,

(b)an official copy of any title plan referred to in an individual register,

(c)an official copy of an individual caution register and any caution plan referred to in it, and

(d)a certificate of inspection of any title plan.

(2) Subject to rule 132(1), an application under paragraph (1) must be in Form OC1.

(3) A separate application must be made in respect of each registered title or individual caution register.

(4) Where, notwithstanding paragraph (3), an application is in respect of more than one registered title or individual caution register, but the applicant fails to provide a title number, or the title number provided does not relate to any part of the property in respect of which the application is made, the registrar may—

(a)deal with the application as if it referred only to one of the title numbers relating to the property,

(b)deal with the application as if it referred to all of the title numbers relating to the property, or

(c)cancel the application.

(5) In paragraph (4) the reference to title number includes in the case of an individual caution register a caution title number.

(6) Where the registrar deals with the application under paragraph (4)(b), the applicant is to be treated as having made a separate application in respect of each of the registered titles or each of the individual caution registers.

(7) An official copy of an individual caution register and any caution plan referred to in it must be issued disregarding any application or matter that may affect the subsistence of the caution.

Application for official copies of documents referred to in the register of title and other documents kept by the registrar

135.  (1)  Subject to paragraphs (2) and (3), a person may apply for an official copy of—

(a)any document referred to in the register of title and kept by the registrar,

(b)any other document kept by the registrar that relates to an application to him.

(2) There is excepted from paragraph (1)—

(a)any exempt information document,

(b)any edited information document which has been replaced by another edited information document under rule 136(6),

(c)any Form EX1A,

(d)any Form CIT,

(e)any Form to which Form CIT has been attached under rule 140(3) or (4), and

(f)any document or copy of any document prepared by the registrar in connection with an application in a Form to which Form CIT has been attached under rule 140(3) or (4).

(3) During the transitional period, paragraph (1) is also subject to rule 139.

(4) Subject to rule 132(1), an application under paragraph (1) must be made in Form OC2.

(5) In paragraph (2) the references to Form EX1A and Form CIT and Forms to which Form CIT has been attached include any equivalent information provided under rule 132 and the reference to an application in a Form to which Form CIT has been attached includes an equivalent application made by virtue of rule 132.

Exempt information documents

Application that the registrar designate a document an exempt information document

136.  (1)  A person may apply for the registrar to designate a relevant document an exempt information document if he claims that the document contains prejudicial information.

(2) Subject to rule 132(1), an application under paragraph (1) must—

(a)be made in Form EX1 and EX1A, and

(b)include a copy of the relevant document which excludes the prejudicial information and which is certified as being a true copy of the relevant document from which copy this information has been excluded.

(3) Subject to paragraph (4), provided that the registrar is satisfied that the applicant’s claim is not groundless he must designate the relevant document an exempt information document.

(4) Where the registrar considers that designating the document an exempt information document could prejudice the keeping of the register, he may cancel the application.

(5) Where a document is an exempt information document, the registrar may make an appropriate entry in the individual register of any affected registered title.

(6) Where a document is an exempt information document and a further application is made under paragraph (1) which would, but for the existing designation, have resulted in its being so designated, the registrar must prepare another edited information document which excludes—

(a)the information excluded from the existing edited information document, and

(b)any further information excluded from the edited information document lodged by the applicant.

(7) In this rule a “relevant document” is a document—

(a)referred to in the register of title, or one that relates to an application to the registrar, the original or a copy of which is kept by the registrar, or

(b)that will be referred to in the register of title as a result of an application (the “accompanying application”) made at the same time as an application under this rule, or that relates to the accompanying application, the original or a copy of which will be or is for the time being kept by the registrar.

Application for an official copy of an exempt information document

137.  (1)  A person may apply for an official copy of an exempt information document.

(2) Subject to rule 132(1), application under paragraph (1) must be made in Form EX2.

(3) The registrar must give notice of an application under paragraph (1) to the person who made the relevant application under rule 136(1) unless he is satisfied that such notice is unnecessary or impracticable.

(4) If the registrar decides that—

(a)none of the information excluded from the edited information document is prejudicial information, or

(b)although all or some of the information excluded is prejudicial information, the public interest in providing an official copy of the exempt information document to the applicant outweighs the public interest in not doing so,

then he must provide an official copy of the exempt information document to the applicant.

(5) Where the registrar has decided an application under paragraph (1) on the basis that none of the information is prejudicial information, he must remove the designation of the document as an exempt information document and any entry made in respect of the document under rule 136(5).

Application for removal of the designation of a document as an exempt information document

138.  (1)  Where a document is an exempt information document, the person who applied for designation under rule 136(1) may apply for the designation to be removed.

(2) Subject to rule 132(1), an application made under paragraph (1) must be in Form EX3.

(3) Subject to paragraph (4), where the registrar is satisfied that the application is in order, he must remove the designation of the document as an exempt information document and remove any entry made in respect of the document under rule 136(5).

(4) Where—

(a)the document has been made an exempt information document under more than one application,

(b)an application under paragraph (1) is made by fewer than all of the applicants under rule 136(1), and

(c)the registrar is satisfied that the application is in order,

the registrar must replace the existing edited information document with one that excludes only the information excluded both from that edited information document and the edited information documents lodged under rule 136(2)(b) by those applicants not applying under paragraph (1).

Transitional period documents

Inspection, copying and official copies of transitional period documents

139.  (1)  Subject to paragraph (2) and rule 140(2), during the transitional period a person may only inspect and make copies of, or of any part of, a transitional period document or obtain an official copy of a transitional period document at the registrar’s discretion.

(2) Where a transitional period document is an exempt information document, paragraph (1) does not apply.

Inspection, official copies and searches of the index of proprietors' names in connection with court proceedings, insolvency and tax liability

Application in connection with court proceedings, insolvency and tax liability

140.  (1)  In this rule, a qualifying applicant is a person referred to in column 1 of Schedule 5 who gives the registrar the appropriate certificate referred to in column 2 of the Schedule or, where rule 132 applies, an equivalent certificate in accordance with a notice given under Schedule 2.

(2) A qualifying applicant may apply—

(a)to inspect or make copies of any document (including a form) within rule 133(2) and, during the transitional period, any transitional period document,

(b)for official copies of any document (including a form) within rule 135(2) and, during the transitional period, any transitional period document, and

(c)for a search in the index of proprietors' names in respect of the name of a person specified in the application.

(3) Subject to rule 132(1), an application under paragraph (2) must be made in Form PIC, OC2 or PN1, as appropriate, with Form CIT attached.

(4) A qualifying applicant who applies—

(a)to inspect and make copies of registers and documents not within paragraph (2)(a) under section 66 of the Act,

(b)for official copies of registers and plans under rule 134(1) and of documents not within paragraph (2)(b) under rule 135,

(c)for an historical edition of a registered title under rule 144,

(d)for an official search of the index map under rule 145, or

(e)for an official search of the index of relating franchises and manors under rule 146,

may attach Form CIT to the Form PIC, OC1, OC2, HC1, SIM or SIF, as appropriate, used in the application.

(5) In Form CIT and Schedule 5, references to tax are references to any of the taxes mentioned in the definition of tax in section 118(1) of the Taxes Management Act 1970(1).

Information about the day list, electronic discharges of registered charges and title plans

Day list information

141.  (1)  In this rule “day list information” means information kept by the registrar under rule 12.

(2) A person may only apply for the day list information relating to a specified title number during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.

(3) The registrar must provide the day list information in the manner specified in the relevant notice.

(4) Unless otherwise stated by the registrar, the day list information provided must be based on the entries subsisting in the day list immediately before the information is provided.

(5) The registrar is not required to disclose under this rule details of an application under rule 136.

Enquiry as to discharge of a charge by electronic means

142.  (1)  A person may apply in respect of a specified registered title for confirmation of receipt by the registrar of notification of—

(a)the discharge of a registered charge given by electronic means, or

(b)the release of part of a registered estate from a registered charge given by electronic means.

(2) An application under paragraph (1) may only be made during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.

(3) The registrar is not required to disclose under this rule any information concerning a notification once the entries of the registered charge to which it relates have been cancelled from the relevant registered title, or the affected part of it.

Certificate of inspection of title plan

143.  (1)  Where a person has applied under rule 134 for a certificate of inspection of a title plan, on completion of the inspection the registrar must issue a certificate of inspection.

(2) Subject to rule 132(2), the certificate of inspection must be issued by the registrar in Form CI or to like effect.

Historical information

Application for an historical edition of a registered title kept by the registrar in electronic form

144.  (1)  A person may apply for a copy of—

(a)the last edition for a specified day, or

(b)every edition for a specified day,

of a registered title, and of a registered title that has been closed, kept by the registrar in electronic form.

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form HC1.

(3) Subject to paragraph (4), if an application under paragraph (1) is in order and the registrar is keeping in electronic form an edition of the registered title for the day specified in the application, he must issue—

(a)if the application is under paragraph (1)(a), subject to rule 132(2), a paper copy of the edition of the registered title at the end of that day, or

(b)if the application is under paragraph (1)(b), subject to rule 132(2), a paper copy of the edition of the registered title at the end of that day and any prior edition kept in electronic form of the registered title for that day.

(4) Where only part of the edition of the registered title requested is kept by the registrar in electronic form he must issue, subject to rule 132(2), a paper copy of that part.

Official searches of the index kept under section 68 of the Act

Searches of the index map

145.  (1)  Any person may apply for an official search of the index map.

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form SIM.

(3) If the registrar so requires, an applicant must provide a copy of an extract from the Ordnance Survey map on the largest scale published showing the land to which the application relates.

(4) If an application under paragraph (1) is in order, subject to rule 132(2), a paper certificate must be issued including such information specified in Part 1 of Schedule 6 as the case may require.

Searches of the index of relating franchises and manors

146.  (1)  Any person may apply for an official search of the index of relating franchises and manors.

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form SIF.

(3) If an application under paragraph (1) is in order, subject to rule 132(2), a paper certificate must be issued including such information specified in Part 2 of Schedule 6 as the case may require.

Official searches with priority

Application for official search with priority by purchaser

147.  (1)  A purchaser may apply for an official search with priority of the individual register of a registered title to which the protectable disposition relates.

(2) Where there is a pending application for first registration, the purchaser of a protectable disposition which relates to that pending application may apply for an official search with priority in relation to that pending application.

(3) Subject to rule 132(1), an application for an official search with priority must be made in Form OS1 or Form OS2, as appropriate.

(4) Where the application is made in Form OS2 and an accompanying plan is required, unless the registrar allows otherwise, the plan must be delivered in duplicate.

Entry on day list of application for official search with priority

148.  (1)  An application for an official search with priority is to be taken as having been made on the date and at the time of the day notice of it is entered on the day list.

(2) Paragraph (3) has effect where—

(a)an application for an official search is in order, and

(b)the applicant has not withdrawn the official search.

(3) Subject to paragraph (4), the entry on the day list of notice of an application for an official search with priority confers a priority period on an application for an entry in the register in respect of the protectable disposition to which the official search relates.

(4) Paragraph (3) does not apply if the application for an official search with priority is cancelled subsequently because it is not in order.

Issue of official search certificate with priority

149.  (1)  If an application for an official search with priority is in order an official search certificate with priority must be issued giving the result of the search as at the date and time that the application was entered on the day list.

(2) An official search certificate with priority relating to a registered estate or to a pending application for first registration may, at the registrar’s discretion, be issued in one or both of the following ways—

(a)in paper form, or

(b)under rule 132(2).

(3) Subject to paragraph (4), an official search certificate issued under paragraph (2) must include such information as specified in Part 3 or Part 4 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.

(4) If an official search certificate is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 and A, H and I of Part 4 of Schedule 6, as the case may require.

Withdrawal of official search with priority

150.  (1)  Subject to paragraph (2), a person who has made an application for an official search with priority of a registered title or in relation to a pending first registration application, may withdraw that official search by application to the registrar.

(2) An application under paragraph (1) cannot be made if an application for an entry in the register in respect of the protectable disposition made pursuant to the official search has been made and completed.

(3) Once an official search has been withdrawn under paragraph (1) rule 148(3) shall cease to apply in relation to it.

Protection of an application on which a protected application is dependent

151.  (1)  Subject to paragraph (4), paragraph (2) has effect where an application for an entry in the register is one on which an official search certificate confers a priority period and there is a prior registrable disposition affecting the same registered land, on which that application is dependent.

(2) An application for an entry in the register in relation to that prior registrable disposition is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.

(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1).

(4) Paragraph (2) does not have effect unless both the application referred to in paragraph (1) and the application referred to in paragraph (2) are—

(a)made before the end of that priority period, and

(b)in due course completed by registration.

Protection of an application relating to a pending application for first registration on which a protected application is dependent

152.  (1)  Subject to paragraphs (4) and (5), paragraph (2) has effect where—

(a)there is a pending application for first registration,

(b)there is a pending application for an entry in the register on which an official search confers a priority period,

(c)there is an application for registration of a prior registrable disposition affecting the same registrable estate or charge as the pending application referred to in sub-paragraph (b),

(d)the pending application referred to in sub-paragraph (b) is dependent on the application referred to in sub-paragraph (c), and

(e)the application referred to in sub-paragraph (c) is subject to the pending application for first registration referred to in sub-paragraph (a).

(2) An application for an entry in the register in relation to the prior registrable disposition referred to in paragraph (1)(c) is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.

(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1)(b).

(4) Paragraph (2) does not have effect unless the pending application for first registration referred to in paragraph (1)(a) is in due course completed by registration of all or any part of the registrable estate.

(5) Paragraph (2) does not have effect unless both the pending application on which an official search confers priority referred to in paragraph (1)(b) and the application relating to the prior registrable disposition referred to in paragraph (1)(c) are—

(a)made before the end of that priority period, and

(b)in due course completed by registration.

Priority of concurrent applications for official searches with priority and concurrent official search certificates with priority

153.  (1)  Where two or more official search certificates with priority relating to the same registrable estate or charge or to the same registered land have been issued and are in operation, the certificates take effect, as far as relates to the priority conferred, in the order of the times at which the applications for official search with priority were entered on the day list, unless the applicants agree otherwise.

(2) Where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants for official search with priority have agreed that their applications have priority so as to give effect to the sequence of the documents effecting the transactions.

Applications lodged at the same time as the priority period expires

154.  (1)  Where an official search with priority has been made in respect of a registered title and an application relating to that title is taken as having been made at the same time as the expiry of the priority period relating to that search, the time of the making of that application is to be taken as within that priority period.

(2) Where an official search with priority has been made in respect of a pending application for first registration and a subsequent application relating to a registrable estate which is subject to that pending application for first registration, or was so subject before completion of the registration of that registrable estate, is taken as having been made at the same time as the expiry of the priority period relating to that search, the time of the making of that subsequent application is to be taken as within that priority period.

Official searches without priority

Application for official search without priority

155.  (1)  A person may apply for an official search without priority of an individual register of a registered title.

(2) Subject to rule 132(1), an application for an official search without priority must be made in Form OS3.

(3) Where the application is in Form OS3 and an accompanying plan is required, unless the registrar allows otherwise, the plan must be delivered in duplicate.

Issue of official search certificate without priority

156.  (1)  If an application for an official search without priority is in order, an official search certificate without priority must be issued.

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

(a)in paper form, or

(b)under rule 132(2).

(3) Subject to paragraph (4), an official search certificate without priority issued under paragraph (2) must include such information specified in Part 3 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.

(4) If an official certificate of search is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 of Schedule 6, as the case may require.

Request for information

Information requested by telephone, oral or remote terminal application for an official search

157.  (1)  If an application under rule 147(3) or rule 155(2) has been made by telephone or orally by virtue of rule 132(1) in respect of a registered title, the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by telephone or orally, whether or not—

(a)there have been any relevant adverse entries made in the individual register since the search from date given in the application, or

(b)there is any relevant entry subsisting on the day list.

(2) If an application under rule 147(3) has been made by telephone or orally by virtue of rule 132(1) in respect of a legal estate subject to a pending application for first registration, the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by telephone or orally, whether or not there is any relevant entry subsisting on the day list.

(3) If an application under rule 147(3) or rule 155(2) has been made to the land registry computer system from a remote terminal by virtue of rule 132(1), the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by a transmission to the remote terminal, whether or not—

(a)in the case of an official search of a registered title, there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), or

(b)in the case of an official search of a legal estate subject to a pending application for first registration, there have been any relevant entries of the kind referred to in paragraph (2).

(4) Under this rule the registrar need not provide the applicant with details of any relevant entries.

Official searches for the purpose of the Family Law Act 1996 and information requests

Application for official search for the purpose of the Family Law Act 1996 by a mortgagee

158.  (1)  A mortgagee of land comprised in a registered title that consists of or includes all or part of a dwelling-house may apply for an official search certificate of the result of a search of the relevant individual register for the purpose of section 56(3) of the Family Law Act 1996(2).

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form MH3.

Issue of official search certificate result following an application made by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996

159.  (1)  An official search certificate giving the result of a search in respect of an application made under rule 158 may, at the registrar’s discretion, be issued in one or both of the following ways—

(a)in paper form, or

(b)under rule 132(2).

(2) Subject to paragraph (3), an official search certificate issued under paragraph (1) must include the information specified in Part 5 of Schedule 6.

(3) If an official search certificate is to be, or has been, issued under paragraph (1)(a), another official search certificate issued under rule 132(2) by virtue of paragraph (1)(b) in respect of the same application need only include the information specified at A, E and F of Part 5 of Schedule 6.

Information requested by an applicant for an official search for the purpose of the Family Law Act 1996

160.  If an application has been made under rule 158 the registrar may, at his discretion, during the currency of a relevant notice given under Schedule 2, and in accordance with the limitations contained in that notice, before the official search has been completed, inform the applicant, by any means of communication, whether or not—

(a)a matrimonial home rights notice or matrimonial home rights caution has been entered in the individual register of the relevant registered title, or

(b)there is a pending application for the entry of a matrimonial home rights notice entered on the day list.

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