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LAND REGISTRATION, ENGLAND AND WALES
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:
1. These rules may be cited as the Land Registration (Amendment) Rules 2005 and shall come into force on 24th October 2005.
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.
3. In rule 91(1), there shall be inserted after “Schedule 4” the words “(varied, where appropriate, as permitted by rule 91A)”.
4. After rule 91, the following rule shall be inserted—
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.”.
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,”.
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.”.
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.”.
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,”.
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”.
10. There shall be substituted for Form CIT in Schedule 1 to the principal rules Form CIT in Schedule 1 to these rules.
11. Schedule 4 to the principal rules shall be amended in accordance with Schedule 2 to these 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
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
30th June 2005
1. Form D shall be replaced by the following form—
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—
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—
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.
1. There shall be inserted, at the appropriate places, and in the columns indicated below—
|“Column 1||Column 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 2002||Certificate 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 application||Certificate 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|
|The Director General of the National Crime Squad or a member of the National Crime Squad authorised to apply on behalf of the Director General||Certificate 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 General||Certificate P|
|An officer of Revenue and Customs|
2. There shall be deleted from the columns indicated below—
|“Column 1||Column 2|
|A person commissioned by the Commissioners of Customs and Excise|
|A person authorised to apply by the Commissioners of Inland Revenue||Certificate 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”.
(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.
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.
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