The Local Authorities (Charges for Land Searches) Regulations 1994

Statutory Instruments

1994 No. 1885

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Charges for Land Searches) Regulations 1994

Made

12th July 1994

Coming into force

13th July 1994

The Secretary of State, in exercise of the powers conferred on him by sections 150 and 152(5) of the Local Government and Housing Act 1989(1), and of all other powers enabling him in that behalf, after consultation with such representatives of local government as appear to him to be appropriate, hereby makes the following Regulations, a draft of which has been laid before, and has been approved by resolution of, each House of Parliament:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Local Authorities (Charges for Land Searches) Regulations 1994 and shall come into force on the day after the day on which they are made.

(2) In these Regulations “relevant authority” means a district council, a county council, the council of a London borough, the Common Council of the City of London or the Council of the Isles of Scilly.

Power to impose charges

2.—(1) A relevant authority may impose a charge in respect of answering enquiries—

(a) concerning the discharge of the authority’s functions in relation to land which is, or is proposed to be—

(i) the subject of a transaction between third parties, or

(ii) offered for sale by a third party; or

(b) in connection with a transfer by the authority of any interest in land.

(2) Nothing in paragraph (1) above enables charges to be made in respect of enquiries pursuant to the Local Land Charges Act 1975(2).

(3) A charge imposed under this regulation is payable by the person making the enquiry.

Amount of charge

3.  The amount of a charge is to be at the local authority’s discretion, and in determining that amount the authority shall have regard to its costsin dealing with enquiries within the description in regulation 2(1).

Signed by Authority of the Secretary of State

G. S. K. Young

Minister of State,

Department of the Environment

12th July 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable district, county and London borough councils, the Common Council of the City of London and the Council of the Isles of Scilly to make charges for answering enquiries (other than enquiries pursuant to the Local Land Charges Act 1975) about the exercise of their functions, where the enquiries are made in connection with land transactions. The amount of the charges are to be at the discretion of the charging authority, which is required in setting charges to have regard to the costs of answering such enquiries.

(1)

1989 c. 42.

(2)

1975 c. 76.