The Land Registration (Amendment) Rules 2018

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules further amend the Land Registration Rules 2003 (S.I. 2003/1417) (the principal Rules), which make detailed provision for land registration in England and Wales under powers contained in the Land Registration Act 2002 (c.9) (the Act). They amend the principal rules as set out in rules 3 to 6 and Schedules 1 and 2 of these Rules. In particular they—

(a) insert new rules to allow for all dispositions of registered land that must be registered to be carried out using electronic documents with electronic signatures, once the registrar is satisfied adequate arrangements are in place and publishes a notice to that effect;

(b) provide that the notice referred to in (a) must specify the kind or kinds of disposition that can be carried out electronically (for example a transfer), and may limit them to particular types of that kind of disposition (for example a transfer of all the land in a registered title), as services are developed incrementally;

(c) revoke the Land Registration (Electronic Conveyancing) Rules 2008, other than the amendments made to the principal Rules by Part 1 of Schedule 2, and make consequential amendments to the principal Rules;

(d) allow for inspection and copies of parts of individual registers of title, and parts of documents held by the registrar, as online services;

(e) allow for new online historical information services;

(f) amend rules about the retention and return of documents by the registrar and revoke those that are superfluous;

(g) remove references to the service of notices by the registrar, and objections to applications to the registrar, by fax;

(h) clarify the definitions of “working day” and “business day”;

(i) allow the registrar to vary arrangements for personal attendance at a land registry office by publication of a notice;

(j) add two new standard form restrictions;

(k) ease application requirements for certain types of application;

(l) allow more flexibility in changing the form used by organisations with statutory powers of investigation and enforcement, who need confidential access to land registry information, and the certificates that must be given by them;

(m) update provisions for execution of deeds by overseas companies to reflect the combined effect of sections 43, 44 and 46 of the Companies Act 2006 and regulation 4 of the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009;

(n) revoke the Land Registration (Proper Office) Order 2013 and make consequential amendments to the principal Rules;

(o) revoke rule 54 relating to outline applications;

(p) correct clerical errors.

An Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from: Policy and Stakeholder Team, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ.