The Local Land Charges Rules 2018

Interpretation

2.—(1) In these Rules—

“the Act” means the Local Land Charges Act 1975;

“charge” means a local land charge or a matter which is registrable in the register;

“date of registration” in relation to a charge registered in a local land charges register for a local authority’s area immediately before Part 1 of Schedule 5 to the Infrastructure Act 2015 first had effect in relation to that area means the date of registration in that local land charges register;

“definitive certificate” means a certificate issued by the Upper Tribunal under section 2(3)(a) of the Rights of Light Act 1959(1);

“description” in relation to a charge means a description which is sufficient to indicate—

(a)

the nature of any agreement, certificate, notice, order, resolution, scheme or other instrument or document (not being a statute or any instrument embodying statutory provisions) which comprises the charge or in connection with which the charge came into existence,

(b)

where apparent from the instrument or document, the date on which the charge came into existence,

(c)

any statutory provision (other than section 1(1)(e) of the Act) under or by virtue of which the charge is a local land charge or registrable, or which comprises the charge;

“dominant building” and “servient land” have the meanings given by section 2(1) of the Rights of Light Act 1959;

“light obstruction notice” means a notice which is registrable under section 2 of the Rights of Light Act 1959;

“particulars of registration” means the particulars specified in Schedule 1;

“register” means the local land charges register kept by the registrar under the Act;

“registrar” means the Chief Land Registrar;

“temporary certificate” means a certificate issued by the Upper Tribunal under section 2(3)(b) of the Rights of Light Act 1959.

(2) In Schedule 1, “originating authority” means the authority or person who by virtue of section 5(4) of the Act or some other statutory provision is the originating authority for the purposes of the Act.

(3) A reference in these Rules to Form A or Form B is to the form so designated in Schedule 2.

(1)

1959 c. 56; section 2 was amended by paragraphs 27 and 28 of Schedule 5 to the Infrastructure Act 2015.