Welsh Statutory Instruments

2010 No. 2021 (W.189)

LAND CHARGES, WALES

The Local Land Charges (Amendment) (Wales) Rules 2010

Made

8 August 2010

Laid before the National Assembly for Wales

10 August 2010

Coming into force

31 August 2010

The Welsh Ministers make the following Rules in exercise of the power conferred on the Lord Chancellor by section 14 of the Local Land Charges Act 1975(1) and now vested in them(2):

Title, commencement and application

1.—(1) The title of these Rules is The Local Land Charges (Amendment) (Wales) Rules 2010 and they come into force on 31 August 2010.

(2) These Rules apply in relation to Wales.

Amendment to the Local Land Charges Rules 1977

2.  In Schedule 3 (Fees) to the Local Land Charges Rules 1977(3), item 5 (personal search in the whole or in part of the register) is omitted.

Jane E. Hutt

Minister for Business and Budget, one of the Welsh Ministers

8 August 2010

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Local Land Charges Rules 1977 (S.I. 1977/985) by removing from Schedule 3 (Fees) the whole of the entry for item 5 (personal search in the whole or in part of the register in respect of one parcel of land or, where the search extends to more than one parcel, those parcels). The fee is incompatible with the Environmental Information Regulations 2004(4) which implement Council Directive 2003/4/EC(5) on public access to environmental information.

(1)

1975, c. 76. Section 14 was amended by section 158 of the Local Government and Housing Act 1989 (c. 42) and by section 15(1) of, and paragraphs 82 and 85(1) of Part 1 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).

(2)

The power of the Lord Chancellor to make rules for prescribing fees and the manner of payment of fees was transferred, in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). The functions of the National Assembly for Wales were transferred to the Welsh Ministers under section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

S.I. 1977/985. Schedule 3 was substituted in its entirety by S.I. 2003/2502.

(4)

S.I. 2004/3391.

(5)

OJ No L 41, 14.2.2003, p. 26.