Prospective
Textual Amendments
F1Sch. 9A inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2
9(1)An action for breach of statutory duty lies where—E+W
(a)the disponor on a qualifying disposal fails to comply with paragraph 1 (duty to secure inclusion of statement in instrument effecting disposal), or
(b)the landlord on a change of the qualifying dwelling-house fails to comply with paragraph 5(2) or (4) (duty to apply for registration protecting preserved right to buy),
and a qualifying person is deprived of the preserved right to buy by reason of the non-registration of the matters which would have been registered if that duty had been complied with.
(2)If the Chief Land Registrar has to meet a claim under the [F2Land Registration Act 2002] as a result of acting upon-
(a)a certificate given in pursuance of paragraph 2 (certificate of title on first registration),
(b)a statement made in pursuance of paragraph 7 (statements required on disposal on which right to buy ceases to be preserved), or
(c)a certificate given in pursuance of paragraph 8 (certificate that dwelling-house has ceased to be subject to rights under this Part),
the person who gave the certificate or made the statement shall indemnify him.]
Textual Amendments
F2Words in Sch. 9A para. 9(2) substituted (13.10.2003) by 2002 c. 9, ss. 133, 136(2), Sch. 11 para. 18(11) (with s. 129); S.I. 2003/1725, art. 2(1)