The Land Registration Fee Order 2009

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Land Registration Fee Order 2009 and shall come into force on 6 July 2009.

(2) In this Order—

“account holder” means a person holding a credit account,

“the Act” means the Land Registration Act 2002,

“CLRA” means the Commonhold and Leasehold Reform Act 2002(1),

“charge” includes a sub-charge,

“common parts” has the same meaning as in the CLRA,

“a commonhold” has the same meaning as in the CLRA,

“commonhold association” has the same meaning as in the CLRA,

“commonhold community statement” has the same meaning as in the CLRA,

“commonhold land” has the same meaning as in the CLRA,

“commonhold unit” has the same meaning as in the CLRA,

“credit account” means an account authorised by the registrar under article 14(1),

“developer” has the same meaning as in the CLRA,

“large scale application” has the same meaning as in article 6(1)(b),

“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage),

“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease,

“profit” means a profit a prendre in gross,

“remote terminal” means a remote terminal communicating with the registrar’s computer system in accordance with a notice given under Schedule 2 to the rules,

“rent” means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made,

“the rules” means the Land Registration Rules 2003(2) and a rule referred to by number means the rule so numbered in the rules,

“Scale 1” means Scale 1 in Schedule 1,

“Scale 2” means Scale 2 in Schedule 2,

“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6),

“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6,

“share” in relation to land, means an interest in that land under a trust of land,

“surrender” includes a surrender not made by deed,

“termination application” has the same meaning as in the CLRA,

“unit-holder” has the same meaning as in the CLRA,

“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).

(3) Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.

(1)

2002 c.15

(2)

S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 2005/1982, 2008/1750 and 2008/1919.