Registration of Deeds Regulations (Northern Ireland) 1997

Preliminary

Citation and commencement

1.  These Regulations may be cited as the Registration of Deeds Regulations (Northern Ireland) 1997 and shall come into operation on 1st April 1997.

Interpretation

2.—(1) In these Regulations—

“county” includes county borough;

“registration” except in regulation 14, means registration in the registry of deeds;

“registrar” means the registrar of deeds;

“Registrar of Titles” means the Registrar of Titles appointed under the Land Registration Act (Northern Ireland) 1970(1) and any person authorised to fulfil the functions of such Registrar pursuant to paragraphs 4 to 9 of Schedule 1 to that Act;

“the Act” means the Registration of Deeds Act (Northern Ireland) 1970;

“the Matrimonial Charges Index” has the meaning assigned to it by regulation 13(2);

“the 1984 Order” means the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984;

“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989;

“working day” means a day on which the registry of deeds is open to the public for the transaction of business as provided for in the Registry of Deeds (Days and Hours of Business) Order 1958(2).

(2) A Form referred to by number means a Form so numbered in the Schedule.

Part I Registers and Procedure for Registration

Lodgment of deed or conveyance for registration

3.  The memorial of any deed or conveyance to be registered under section 1(1) of the Act shall be in Form 1.

Specifications and characteristics of paper for memorial and other documents

4.  The paper to be used for—

(1) a memorial of any deed or conveyance to be registered under section 1(1) of the Act;

(2) any document authorised by any statutory provision to be treated as a memorial of another document;

(3) a copy document lodged in the registry of deeds pursuant to regulation 13(2) and a certificate transmitted to the registrar of deeds pursuant to regulation 14(1),

shall conform with the following specifications and characteristics—

(a) Type and Quality:

A cream wove archival writing paper to comply to British Standard BS ISO 9706: 1994 with a minimum substance of 100 grammes per square metre.

(b) Size:

297 mm deep by 210 mm wide.

(c) Punching:

Two round holes 8 mm in diameter shall be punched on the binding (long) edge at centres 237 mm apart. The centres of the holes shall be 15 mm from the binding edge and 30 mm from the top and bottom edges.

(d) Margins:

Margins shall be delineated by lines ruled parallel to the edges of the paper, such lines being 30 mm from the binding edge on both sides of the paper and 30 mm from the bottom 210 mm edge on the obverse of the paper. All margins shall be left blank except for use by the registry of deeds.

(e) Design:

The paper shall be designed to enable any written matter on the obverse to be read so that the binding edge is on the left hand side and any written matter on the reverse to be read so that the binding edge is on the right hand side.

Allocation of serial numbers

5.—(1) Subject to paragraph (4) every document lodged for registration in the registry of deeds other than by sending it by post shall be allocated a serial number according to—

(a) the calendar year in which the document is so lodged, and

(b) the sequential order in date and time of such lodgment as determined in accordance with paragraphs (2) and (3).

(2) The serial number shall be allocated to each document on the same day as that on which the document is lodged in the registry of deeds for registration.

(3) Where two or more documents to be registered are brought other than by post to the registry of deeds at the same time, they shall, as between themselves, be registered in the order in which the person lodging them directs.

(4) Where a duplicate or counterpart copy of a document has been lodged in the registry of deeds for registration at the same time as the original document, the duplicate or counterpart copy shall be given the same serial number as the original document.

(5) In this regulation and in regulation 6 the serial numbers allocated shall be from a single series.

Lodgment of documents by post and allocation of serial numbers

6.—(1) Subject to paragraph (7) every document lodged in the registry of deeds by sending by post shall be allocated a serial number according to—

(a) the calendar year in which the document is so lodged, and

(b) the sequential order in date and time of such lodgment as determined in accordance with paragraphs (2) to (5).

(2) Any such documents which are received on or after the final closure of the registry of deeds to the public for the transaction of business on a working day and prior to the first opening of that registry to the public for the transaction of business on the next working day shall be treated as having been lodged at the same time and immediately on such first opening.

(3) Any such documents which are received after the first opening of the registry of deeds to the public for the transaction of business on a working day and prior to the final closure of that registry to the public for the transaction of business on that day shall be treated as having been lodged at the same time and immediately before such final closure on that day.

(4) The sequential order in time for the allocation of serial numbers to those documents that are treated as having been lodged at the same time shall, as between themselves, be as follows—

(a) envelopes containing such documents shall, as between themselves, be opened in random order and, subject to sub-paragraphs (b) and (c), the contents of envelopes shall be allocated serial numbers in the order of opening of such envelopes;

(b) where two or more such documents are sent in the same envelope, the sender shall expressly direct in writing the order, as between the documents, in which the documents should be registered and the documents shall be allocated appropriate sequential serial numbers to effect registration in such order;

(c) in the absence of such an express direction in writing, the serial numbers for such documents shall be allocated, as between themselves, in the order in which they are extracted from the envelope.

(5) The direction in writing referred to in paragraph (4)(b) may be in Form 2.

(6) The serial number shall be allocated to each document on the same day as that on which the document is received in the registry of deeds in accordance with paragraphs (2) and (3).

(7) Where a duplicate or counterpart copy of a document has been lodged in pursuance of this regulation for registration at the same time as the original document, the duplicate or counterpart copy shall be given the same serial number as the original.

Filing of memorials

7.  Memorials of documents lodged for registration in the registry of deeds shall be kept in files in sequence according to the calendar year in which such memorials are treated as lodged for registration and the serial numbers allocated to them pursuant to regulations 5 and 6.

Abstract Book

8.—(1) As soon as convenient after the memorial of a document is filed in the registry of deeds, an abstract of that memorial shall be entered in the Abstract Book containing the following particulars—

(i) the date of registration;

(ii) the serial number allocated to it under regulations 5 and 6;

(iii) the date of the document;

(iv) the nature of the document;

(v) the names of all the grantors and the grantees, except that where there are numerous grantors or numerous grantees, these may be limited to one or more grantors or grantees;

(vi) the geographical description (e.g. street, town, townland and county) of the land affected by the document; and

(vii) the particulars required to be entered under regulation 21(2).

(2) The abstracts shall be entered in the Abstract Book in the same sequence as the memorials to which they relate.

Index of Names

9.—(1) The Index of Names shall consist of a series of files or books and each series shall cover a maximum period of five years.

(2) The pages in each file or book shall be in alphabetical order according to the surname and first forename of the grantor entered thereon and shall contain an entry for each grantor specified in a registered document.

(3) Each entry in the Index of Names shall contain the following—

(i) the surname, first forename and the initial letter of each subsequent forename of each grantor specified in a registered document followed where there is more than one such grantor by the words “and another” or “and others” as the case may require;

(ii) the surname, first forename and the initial letter of each subsequent forename of a grantee specified in the registered document followed where there is more than one such grantee by the words “and another” or “and others” as the case may require;

(iii) the county in which the land affected by the registered document is situate;

(iv) the letter “G” for any land described in general words which cannot be allocated as in sub-paragraph (iii);

(v) the serial number allocated to the registered document under regulations 5 and 6.

(4) All such entries shall when practicable be made and completed before the time of the final closure of the registry of deeds to the public on the third working day after the day on which such registered document is or, as the case may be, is treated as lodged for registration. If it is impracticable to make and complete the entries within this time, the registrar shall cause a public notice to be posted in a conspicuous part of the registry of deeds stating to what day such entries have been made and completed.

Part II Pending Actions and Vacation of Court Orders

Registration of pending actions

10.  The document to be lodged in the registry of deeds under section 3(2) of the Act for the purpose of registering a pending action other than a bankruptcy petition shall be in Form 3.

Vacation of registration of pending actions

11.—(1) The certificate of the appropriate court to be lodged in the registry of deeds under section 3(4) of the Act for the purpose of vacating the registration of a pending action other than a bankruptcy petition shall be in Form 4.

(2) The certificate to be lodged in the registry of deeds under section 3(4A) of the Act for the purpose of vacating the registration of a pending action other than a bankruptcy petition shall be in Form 5.

Vacation of registration of judgments, decrees or orders

12.  The registration of a judgment, decree or order of a court (other than a bankruptcy order) may be vacated by the lodgment of a certificate of the appropriate court stating that the judgment, decree or order has been satisfied or has otherwise ceased to have effect.

Part III Matrimonial Charges

Registration, etc., of matrimonial charges

13.—(1) The documents to be lodged in the registry of deeds under Article 6(6) of the 1984 Order for or in connection with—

(a) the registration of a matrimonial charge to which Article 6(1)(b) of the 1984 Order applies;

(b) the renewal of such registration;

(c) the vacation, release or variation of such registration or the postponement of the priority of a matrimonial charge so registered,

shall be in Forms 6, 7 and 8, respectively.

(2) Each document so lodged shall be accompanied by a copy certified as a true copy by the person lodging the document for registration or causing it to be so lodged, and such document shall, subject to regulation 4, be registered—

(a) by filing the copy in the registry of deeds in sequence according to the serial number allocated to the document under regulations 5 and 6; and

(b) by recording the document in an index kept in the registry of deeds for that purpose (“the Matrimonial Charges Index”).

Cancellation and vacation of registration on foot of subsequent registration

14.—(1) Where the Registrar of Titles or the registrar (as the case may be) is notified by a spouse pursuant to Article 7(3) of the 1984 Order of a subsisting registration of a matrimonial charge, then, upon the subsequent registration of a matrimonial charge in favour of that spouse in respect of another dwelling house, the Registrar of Titles or the registrar shall (as the circumstances require)—

(a) cause the first mentioned registration (which has ceased to have effect by virtue of Article 7(2) of the 1984 Order) to be cancelled or vacated; or

(b) cause a certificate in Form 9 to be transmitted to the registrar or the Registrar of Titles (as the case may be), who shall, on receipt of such certificate, cause the first mentioned registration to be cancelled or vacated.

(2) The registration of a matrimonial charge in the registry of deeds which has ceased to have effect by virtue of Article 7(2) of the 1984 Order shall be vacated (as the circumstances require) by—

(a) making an entry in the Matrimonial Charges Index recording in relation to that registration a reference to the superseding registration in the registry of deeds; or

(b) filing a certificate made by or on behalf of the Registrar of Titles pursuant to paragraph (1)(b) in the registry of deeds in sequence according to the serial number allocated to it under regulations 5 and 6 and recording the certificate in the Matrimonial Charges Index.

Part IV Insolvency

Registration of bankruptcy petition

15.  The document to be lodged in the registry of deeds for registration of a bankruptcy petition pursuant to section 3A(3) of the Act shall be in Form 10.

Vacation of registration of bankruptcy petition

16.  The certificate of the appropriate court to be lodged in the registry of deeds for the purpose of vacating the registration of a bankruptcy petition shall be in Form 11.

Registration of bankruptcy order

17.  The document to be lodged in the registry of deeds for registration of a bankruptcy order pursuant to section 3B(4) of the Act shall be in Form 12.

Registration of order amending title of insolvency proceedings

18.  Where an order has been made by the High Court amending the title of proceedings in an insolvency matter and the order has been lodged for registration in accordance with the Registration of Deeds Acts, the registrar shall on registration of such order include in the entries of the relevant bankruptcy petition and bankruptcy order (as the case may require) a reference to the amending order and the date of its registration in the registry of deeds.

Vacation of registration of bankruptcy order

19.  The certificate of the appropriate court to be lodged in the registry of deeds for the purpose of vacating the registration of a bankruptcy order shall be in Form 13.

Registration of bankrupt’s rights of occupation and the vacation, variation, release or postponement of priority of such rights

20.—(1) Regulations 13 and 14 shall not apply to a bankrupt’s rights of occupation under Article 310 of the 1989 Order.

(2) The document to be lodged in the registry of deeds for registration of a charge in respect of such rights of occupation shall be in Form 14.

(3) Except as provided in paragraph (5) the document to be lodged in the registry of deeds for registration of the variation of a bankrupt’s rights of occupation, or the release of any interest in all or any part of the relevant dwelling house from such rights, or the postponement of the priority of such rights shall be in Form 15.

(4) Except as provided in paragraph (6), where a charge in respect of a bankrupt’s rights of occupation affects unregistered land, its registration in the registry of deeds and the variation, release of, or the postponement of the priority of, such registration shall be effected by entering particulars of such document in the Abstract Book and in the Index of Names.

(5) The document to be lodged in the registry of deeds for the purpose of vacating the registration of a charge in respect of such rights of occupation shall be—

(a) an office copy of a judgment, decree or order of a court authorising the vacation of or terminating such charge;

(b) a certificate signed by an official of a court or under the seal of a court stating that such charge or the rights of occupation protected by such charge have ceased to have effect; or

(c) a certificate in Form 16 made by the bankrupt.

(6) The registration of a document lodged in the registry of deeds for the purpose of vacating the registration of a charge in respect of such rights of occupation shall be effected by entering a memorandum of such vacate in the Abstract Book adjacent to the entry of the registration of the relevant charge.

(7) When lodging a document referred to in paragraphs (2) and (3), the original document shall be accompanied by a copy certified as a true copy by the person lodging the document for registration or causing it to be so lodged. The original document shall, for the purpose of the Registration of Deeds Acts, be treated as the document to be registered and the copy shall, subject to regulation 4, be treated for those purposes as the memorial of that document.

Additional entries in Abstract Book and Index of Names

21.—(1) In the application of regulation 8 to a memorial lodged in connection with the registration of a document referred to in regulations 15, 17, 18, and 20(2) and (3) the debtor or the bankrupt (as the case may be) and, where applicable, the trustee of the bankrupt’s estate, shall be deemed to be grantors appearing in the memorial.

(2) In addition to the particulars required by regulation 8 to be contained in the abstract of such memorials, there shall be entered therein the following particulars—

(i) the title of the bankruptcy petition or the bankruptcy order (as the case may be);

(ii) the date of presentation of such petition, or the date of such order (as the case may be); and

(iii) the High Court record number;

so far as the particulars are contained in the memorial.

(3) In the application of regulation 9 to the registration of a document referred to in regulations 15, 17, 18, 20(2) and (3) the debtor or the bankrupt (as the case may be) and, where applicable, the trustee of the bankrupt’s estate, shall be deemed to be grantors appearing in that document.

Part V Searches

Requisitions for searches

22.—(1) A requisition for a common search made under section 13(1) of the Act shall be in Form 17 and a requisition for a negative search made under that section shall be in Form 18.

(2) Requisitions referred to in paragraph (1) shall be written on paper of durable quality with dimensions of 297 mm deep by 210 mm wide.

(3) Subject to paragraph (6), requisitions for common searches shall be kept in the registry of deeds in sequential order in accordance with serial numbers allocated to them and the relevant serial number shall be endorsed on each requisition.

(4) Requisitions for searches shall be recorded pursuant to Section 13(2) of the Act in the manner set out in paragraph (5) in files or books each consisting of a series covering a maximum period of five years in which each requisition shall be recorded in sequence according to the date on which it is received.

(5) The entry in respect of each requisition in the files or books referred to in paragraph (4) shall consist of the following particulars—

(i) the date on which the requisition was received;

(ii) the serial number allocated to it;

(iii) the name of the applicant for the search;

(iv) the date of completion of the search; and

(v) the letter “C” if the requisition relates to a common search or the letter “N” if the requisition relates to a negative search.

(6) A requisition under paragraph (1) or a record thereof under paragraph (4) shall be kept in the registry of deeds for a period of not less than 20 years.

Common search, negative search and public search

23.—(1) A common search shall be carried out in accordance with the requisition to which it relates by one officer of the registry of deeds.

(2) A negative search shall be carried out in accordance with the requisition to which it relates by two officers of the registry of deeds (independently of each other), who shall agree as to the result.

(3) Any person may—

(a) during the hours when the registry of deeds is open to the public for the transaction of business(5), and

(b) in the presence of any officer of that registry,

search, inspect and examine, and make extracts from or short notes of, the indices, abstracts, transcript books and files and books of memorials and of other documents registered under the Registration of Deeds Acts.

Statement of common search and certificate of negative search

24.—(1) The statement to be issued on the completion of a common search shall be in Form 19 and the certificate to be issued on the completion of a negative search shall be in Form 20.

(2) The particulars of each memorial set forth in that statement or certificate shall contain the same particulars as an abstract under regulations 8 and 21(2) and the particulars so set forth of each document relating to a matrimonial charge shall contain—

(a) the name of the person against whom the charge is registered;

(b) the name of the person in whose favour the charge is registered;

(c) the identification of the dwelling house affected by the charge; and

(d) the nature of the document and its date of registration and serial number.

(3) Where—

(a) a note has been made pursuant to Article 3(6) of the Property (Discharge of Mortgage by Receipt) (Northern Ireland) Order 1983(6) that a receipt has been given in satisfaction of a mortgage; or

(b) an order charging land has been cancelled pursuant to Article 132(1) of the Judgments Enforcement (Northern Ireland) Order 1981(7),

any statement of the result of a common search or certificate of the result of a negative search which includes details of such mortgage or order shall include reference to the relevant satisfaction or cancellation.

Part VI

Revocations

25.  The following Regulations so far as they were in force immediately before the commencement of these Regulations are hereby revoked—

• Registration of Deeds Regulations (Northern Ireland) 1968(8);

• Registration of Pending Actions Regulations (Northern Ireland) 1971(9);

• Registration of Deeds (Nature of Paper) Regulations (Northern Ireland) 1971(10);

• Matrimonial Charges Regulations (Northern Ireland) 1989(11);

• Insolvency (Registration of Deeds) Regulations (Northern Ireland) 1991(12).

Sealed with the Official Seal of the Department of the Environment on 24th January 1997.

L.S.

C. D. Doake

Assistant Secretary