Local Land Charges Act 1975

14 Rules. E+W

(1) The Lord Chancellor may, with the concurrence of the Treasury as to fees, make rules for carrying this Act into effect and, in particular, rules—

(a) for regulating the practice of [F1 the Chief Land Registrar ] in connection with the registration of local land charges or matters which, when registered, become local land charges;

(b) as to forms and contents of applications for registration, and the manner in which such applications are to be made;

(c) as to the manner in which the land affected or to be affected by a local land charge is, where practicable, to be identified for purposes of registration;

(d) as to the manner in which and the times at which registrable matters are to be registered;

(e) as to forms and contents of requisitions for official searches and of official search certificates;

(f) for regulating personal searches and related matters;

[F2 (fa) as to the variation without an order of the court of the registration of a local land charge—

(i) on the application or with the consent of the person by whom it is enforceable, or

(ii) of the Chief Land Registrar's own motion;]

[F3 (g) as to the cancellation without an order of the court of the registration of a local land charge—

(i) on its cesser,

(ii) on the application or with the consent of the person by whom it is or was enforceable, or

(iii) of the Chief Land Registrar's own motion;”, and]

[F4 (h) for prescribing the fees to be paid to the Chief Land Registrar for services relating to local land charges provided by the Chief Land Registrar.]

(2) Without prejudice to the generality of subsection (1) above, the power to make rules under that subsection shall include

[F5 (a)] power to make rules (with the concurrence of the Treasury as to fees) for carrying into effect the provisions of any statutory provision by virtue of which any matter is registrable in [F6 the local land charges register ].

[F7 (aa) power to make rules—

(i) prescribing different fees for different services or descriptions of service;

(ii) prescribing services or descriptions of service for which no fees are payable;]

[F8 (b) power to make rules about communications for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, including rules as to—

(i) the particular means of communication which may or must be used for such purposes (which may include an electronic means of communication),

(ii) the circumstances in which a particular means of communication may or must be used (which may be all circumstances, subject to exceptions);

(iii) the form or contents of anything sent using a particular means of communication;

(ba) power to make rules requiring or enabling anything which is provided to or by the Chief Land Registrar for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, to be provided in electronic form;

(bb) power to make rules enabling the Chief Land Registrar, or a person providing services to the Chief Land Registrar, to determine—

(i) any matter within paragraph (b), or

(ii) whether anything of the kind referred to in paragraph (ba) may or must be provided in electronic form; and]

(c) power to make rules modifying the application of sections 10 and 11 above in cases where—

(i) the rules provide for the making of a requisition for, or the issuing of, an official search certificate by electronic means, and

(ii) there has been any error or failure in those means.

(3) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 14(1)(a) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(a) (with Sch. 5 Pt. 4 )

F2 S. 14(1)(fa) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(b) (with Sch. 5 Pt. 4 )

F3 S. 14(1)(g) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(c) (with Sch. 5 Pt. 4 )

F4 S. 14(1)(h) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(2)(d) (with Sch. 5 Pt. 4 )

F5 “(a)” and paragraphs (b) and (c) inserted by the Local Government and Housing Act 1989 (c. 42, SIF 81:1) , s. 158(2)

F6 Words in s. 14(2)(a) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(3)(a) (with Sch. 5 Pt. 4 )

F7 S. 14(2)(aa) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(3)(b) (with Sch. 5 Pt. 4 )

F8 S. 14(2)(b)-(bb) substituted for s. 14(2)(b) (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(3)(c) (with Sch. 5 Pt. 4 )

Modifications etc. (not altering text)

C1 S. 14(1) certain functions transferred (31.12.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) , art. 1(2) , Sch. 1 (with art. 3 )

C2 S. 14(1) function deemed to have been transferred by S.I. 2004/3044 and 2006 c. 32, Sch. 11 (12.4.2015) by Infrastructure Act 2015 (c. 7) , s. 57(5)(e) , Sch. 5 para. 13(4)-(6) (with Sch. 5 Pt. 4 )