The Land Registration (Amendment) Rules 2018

PART 3AMENDMENT TO SCHEDULE 4 TO THE PRINCIPAL RULES

3.  In Schedule 4 to the principal Rules—

(1) For Forms W and X, substitute—

Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)

No disposition (except a transfer) of a qualifying dwelling-house (except to a qualifying person or persons) is to be registered without the consent of—

(a)in relation to a disposal of land in England, the Secretary of State, or

(b)in relation to a disposal of land in Wales, the Welsh Ministers,

where consent to that disposition is required by section 171D(2) of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993.

Form X (Section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989)

No disposition by the proprietor of the registered estate or in exercise of the power of sale or leasing in any registered charge (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of—

(a)in relation to a disposal of land in England, the Secretary of State, and

(b)in relation to a disposal of land in Wales, the Welsh Ministers,

where consent to that disposition is required by [as appropriate [section 81 of that Act] or [section 133 of that Act] or [section 173 of the Local Government and Housing Act 1989]].

(2) After the end of Form QQ add—

Form RR (Deputy appointed under section 16 of the Mental Capacity Act 2005 – solely owned property)

No disposition during the lifetime of [name of person who lacks capacity] of the [registered estate] [registered charge dated [date]] is to be completed by registration unless made pursuant to an order of the court under the Mental Capacity Act 2005.

Form SS (Trustee appointed in place of a person who lacks capacity – jointly owned property)

No disposition of the [registered estate] [registered charge dated [date]] made during the lifetime of [name of person who lacks capacity] is to be completed by registration without the written consent of the Court of Protection.