Search Legislation

The Land Registration (Amendment) Rules 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2005 No. 1766

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration (Amendment) Rules 2005

Made

30th June 2005

Laid before Parliament

7th July 2005

Coming into force

24th October 2005

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 2002(1), in exercise of the powers conferred on him by sections 14(a) and (b)(i), 27(6), 43(2)(c) and (d), 66(2), 67(3), 68(2), 69(2), 70, 73(4), 75(2), 76(2), 88, 126, 127(1), 128 and 134(2) of, and paragraphs 5, 6(a), (b) and (c) and 8 of Schedule 10 and paragraph 2(4) of Schedule 12 to, that Act, hereby makes the following rules:

Citation and commencement

1.  These rules may be cited as the Land Registration (Amendment) Rules 2005 and shall come into force on 24th October 2005.

Interpretation

2.  In these rules “the principal rules” means the Land Registration Rules 2003(2) and a reference to a rule by number is a reference to the rule in the principal rules so numbered.

Amendment to rule 91(1)

3.  In rule 91(1), there shall be inserted after “Schedule 4” the words “(varied, where appropriate, as permitted by rule 91A)”.

New rule 91A

4.  After rule 91, the following rule shall be inserted—

Completion of standard forms of restriction

91A.  (1)  Subject to paragraphs (2) and (3), where a standard form of restriction is to affect part only of the registered estate, then, where it refers to a disposition, or to a disposition of a specified type, to which it applies, that reference may be followed by the words “of the part of the registered estate” together with a sufficient description, by reference to a plan or otherwise, to identify clearly the part so affected.

(2) The words incorporated pursuant to paragraph (1) shall be in place of the words “of the registered estate” where those latter words appear in a standard form of restriction and are referring to a disposition, or to a disposition of a specified type, to which the restriction applies.

(3) The registrar may alter the words of any restriction affecting part of the registered estate only that he intends to enter in the register so that such part is described by reference to the relevant title plan or in another appropriate way.

(4) A restriction in Form L, M, N, O, P, S or T may commence with the word “Until . . . ” followed by a calendar date..

Amendment to rule 92

5.  There shall be substituted for rule 92(2)(b) the following sub-paragraph—

(b)where rule 198(2)(d) applies, the address for service of the person named in the restriction,.

Amendments to rule 93

6.  (1)  Rule 93 shall be amended as follows.

(2) In paragraph (u), the final “and” shall be deleted.

(3) In paragraph (v), the full stop shall be replaced by “, and”.

(4) After paragraph (v), the following paragraph shall be inserted—

(w)the Legal Services Commission where it has a statutory charge, created by section 16(6) of the Legal Aid Act 1988(3) or by section 10(7) of the Access to Justice Act 1999(4), over a beneficial interest in registered land held under a trust of land and is applying for a restriction in Form JJ to be entered in the register of that land..

Amendment to rule 140

7.  After rule 140(4), the following paragraph shall be inserted—

(4A) A qualifying applicant who applies for a search in the index of proprietors' names under paragraph (2) may apply at the same time in the Form CIT attached to the Form PN1 for official copies of every individual register referred to in the entries (if any) in the index relating to the particulars given in the search application..

Amendment to rule 198

8.  There shall be substituted for rule 198(2)(d) the following sub-paragraph—

(d)a person named in—

(i)a standard form of restriction set out in Schedule 4, whose address is required by that restriction, or

(ii)any other restriction, whose consent or certificate is required, or to whom notice is required to be given by the registrar or another person,

except where the registrar is required to enter the restriction without application,.

Amendments to rule 217

9.  (1)  In rule 217(1), the definition of “conveyancer” shall be amended as follows—

(a)after “Executives,” in (c) of the definition there shall be inserted the word “or (d) a duly certificated notary public,” and

(b)after the words “licensed conveyancer” where they last appear in the definition, there shall be substituted for the words from “or” to “Executives”—“, fellow of the Institute of Legal Executives or duly certificated notary public”.

(2) In rule 217(3), for “Forms AA to HH” there shall be substituted “Forms AA to LL”.

New Form CIT in Schedule 1 to the principal rules

10.  There shall be substituted for Form CIT in Schedule 1 to the principal rules Form CIT in Schedule 1 to these rules.

Amendments to Schedule 4 to the principal rules

11.  Schedule 4 to the principal rules shall be amended in accordance with Schedule 2 to these rules.

Amendments to Schedule 5 to the principal rules

12.  Schedule 5 to the principal rules shall be amended in accordance with Schedule 3 to these rules.

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

30th June 2005

Rule 10

SCHEDULE 1NEW FORM CIT

Rule 11

SCHEDULE 2AMENDMENTS TO SCHEDULE 4 TO THE PRINCIPAL RULES

PART 1

1.  Form D shall be replaced by the following form—

Form D (Parsonage, diocesan glebe, church or churchyard land)

”.

2.  In Form K, the word “or” where it appears between the words “registered estate” and “registered charge dated” shall be in italics.

3.  Form L shall be replaced by the following form—

Form L (Disposition by registered proprietor of a registered estate or proprietor of charge—certificate required)

”.

4.  After the word “consent” in the headings to Forms N and T, after the words “specified title number” in the heading to Form O and after the words “specified charge” in Form P there shall be added the words “or certificate”.

5.  In Forms N and T, “[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]” shall be replaced by “[signed by [name] of [address] [or [his conveyancer] or specify appropriate details]]”.

6.  The following shall be added to the end of Forms N, O, P and T—

”.

7.  Form S shall be replaced by the following form—

Form S (Disposition by proprietor of charge—certificate of compliance required)

”.

8.  In Forms CC and DD, the words “of (address)” shall be inserted after the words “except with the consent of (name of the person applying)”.

9.  In Forms EE and FF, the words “(name of the prosecutor or other person who applied for the order)” shall be replaced by the words “(name of prosecutor or other appropriate person) of (address)”.

10.  In Forms GG and HH, the words “(name of the prosecutor or other person applying)” shall be replaced by the words “(name of prosecutor or other appropriate person) of (address)”.

11.  After Form HH, the forms of restriction set out in Part 2 shall be inserted.

PART 2THE ADDITIONAL STANDARD FORMS OF RESTRICTION TO BE ADDED TO SCHEDULE 4 TO THE PRINCIPAL RULES REFERRED TO IN PARAGRAPH 11

Form II (Beneficial interest that is a right or claim in relation to a registered estate)

Form JJ (Statutory charge of beneficial interest in favour of Legal Services Commission)

Form KK (Lease by registered social landlord)

Form LL (Restriction as to evidence of execution)

Rule 12

SCHEDULE 3AMENDMENTS TO SCHEDULE 5 TO THE PRINCIPAL RULES

1.  There shall be inserted, at the appropriate places, and in the columns indicated below—

Column 1Column 2
An accredited financial investigator falling within section 378(1)(b) of the Proceeds of Crime Act 2002(1)Certificate H
An accredited financial investigator falling within section 378(4)(a) of the Proceeds of Crime Act 2002Certificate N
A person authorised to apply by the Commissioners for Her Majesty’s Revenue and Customs and having the consent of a General/Special Commissioner to make the applicationCertificate L
The Director of Revenue and Customs Prosecutions or a member of the Revenue and Customs Prosecutions Office authorised to apply on behalf of the Director

Certificate A

Certificate B

Certificate C

Certificate D

Certificate E

Certificate H

The Director General of the National Crime Squad or a member of the National Crime Squad authorised to apply on behalf of the Director GeneralCertificate O
The Director General of the National Criminal Intelligence Service or a member of the National Criminal Intelligence Service authorised to apply on behalf of the Director GeneralCertificate P
An officer of Revenue and Customs

Certificate A

Certificate B

Certificate C

Certificate D

Certificate E

Certificate H

Certificate N.

2.  There shall be deleted from the columns indicated below—

Column 1Column 2
A person commissioned by the Commissioners of Customs and Excise

Certificate C

Certificate D

Certificate E

Certificate H

A person authorised to apply by the Commissioners of Inland RevenueCertificate E
A person authorised to apply by the Commissioners of Inland Revenue and having the consent of a General/Special Commissioner to make the application.Certificate L

3.  In column 2 against “A constable” (in column 1) and below “Certificate H”, there shall be inserted “Certificate N”.

4.  In column 2 against “The Lord Advocate” (in column 1) and below “Certificate D”, there shall be inserted “Certificate H” and, below that, “Certificate N”.

Explanatory Note

(This note is not part of the Rules)

These rules amend the Land Registration Rules 2003 (the principal rules).

Rule 1 provides for citation and commencement and rule 2 for interpretation.

Rule 3 makes a consequential amendment to rule 91(1) of the principal rules, arising from rule 4.

Rule 4 adds a new rule, rule 91A to the principal rules. This allows a number of standard forms of restriction to refer to dispositions of a specified part of the registered estate. It also allows standard forms of restriction in Forms L, M, N, O, P, S or T to commence with the word “Until”.

Rules 5 and 8 amend rules 92(2) and 198(2)(d) of the principal rules respectively. The amendments to rule 198(2)(d) provide that a person named in a standard form of restriction set out in Schedule 4 to the principal rules must provide an address for service where an address is required by that restriction; so must a person named in any other restriction that requires his consent, certificate or the giving of notice to him. The amendment to rule 92(2) of the principal rules makes it clear that the requirement for the application for entry of a restriction to be accompanied by a person’s address for service only applies to a person within rule 198(2)(d).

Rule 6 amends rule 93 of the principal rules to provide that the Legal Services Commission shall be regarded as having a sufficient interest in the entry of a restriction in Form JJ (a Form prescribed under these Rules) in the circumstances specified.

Rule 7 adds a paragraph to rule 140 of the principal rules to allow a qualifying applicant who applies for a search in the index of proprietors' names to apply at the same time, in the Form CIT attached to the Form PN1, for official copies of the registers identified in the results of that search.

Rule 9(1) widens the definition of “conveyancer” in rule 217(1) of the principal rules to include a duly certificated notary public.

Rule 9(2) amends rule 217(3) of the principal rules to take account of the amendments made by rule 12 and Schedule 3 to these Rules.

Rule 10 and Schedule 1 substitute a new Form CIT in Schedule 1 to the principal rules to take account of rules 7 and 12.

Rule 11 and Schedule 2 amend the standard forms of restriction contained in Schedule 4 to the principal rules and prescribe a number of additional standard forms of restriction.

Rule 12 and Schedule 3 amend Schedule 5 to the principal rules to include accredited financial investigators, and the Directors General and authorised members of the National Criminal Intelligence Service and the National Crime Squad, as qualifying applicants, for the purpose of rule 140 of the principal rules, where they give the appropriate certificate in the new Form CIT substituted by rule 10. These provisions also amend Schedule 5 to take account of the establishment of Her Majesty’s Revenue and Customs and the Revenue and Customs Prosecutions Office by the Commissioners for Revenue and Customs Act 2005.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Land Registry, 32 Lincoln’s Inn Fields, London WC2A 3PH.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources