SCHEDULES

SCHEDULE 5Transfer of responsibility for local land charges to Land Registry

PART 3Amendments to other Acts

21Law of Property Act 1925 (c. 20)

In section 198(1) of the Law of Property Act 1925 (registration in local land charges register to be notice) for “any local land charges register” substitute “the local land charges register”.

22Requisitioned Land and War Works Act 1948 (c. 17)

In section 14 of the Requisitioned Land and War Works Act 1948 (registration of rights as to government oil pipelines)—

a

in subsections (1) and (4)(b) omit “appropriate”,

b

in subsection (1) for “authority keeping that register that authority” substitute “Chief Land Registrar, the Chief Land Registrar”, and

c

in subsection (4) for “a local land charges register” substitute “the local land charges register”.

23Cheshire County Council Act 1953 (c. xl)

In section 25(3) of the Cheshire County Council Act 1953 (notice preventing building next to proposed street to be void unless registered as a local land charge) omit the words from “Provided that” to “local land charge”.

Land Powers (Defence) Act 1958 (c. 30)

24

The Land Powers (Defence) Act 1958 is amended as follows.

25

In section 12 (extension of provisions of Requisitioned Land and War Works Acts) in each of subsections (2) and (5) for “appropriate register of local land charges” substitute “local land charges register”.

26

In section 17 (registration of wayleave orders and restrictions under section 16)—

a

in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,

b

in subsection (2A) for “authority keeping that register” substitute “Chief Land Registrar”, and

c

in subsection (3) for “a local land charges register” substitute “the local land charges register”.

Rights of Light Act 1959 (c. 56)

27

The Rights of Light Act 1959 is amended as follows.

28

1

Section 2 (registration of notice in lieu of obstruction of access of light) is amended as follows.

2

In subsection (1) for “local authority in whose area the dominant building is situated” substitute “Chief Land Registrar”.

3

In subsection (2) omit “be in the prescribed form and shall”.

4

In subsection (3) after “accompanied by” insert “ a copy of”.

5

In subsection (4)—

a

for “a local authority” substitute “the Chief Land Registrar”,

b

for “that authority” substitute “the Chief Land Registrar”,

c

omit “appropriate”, and

d

in paragraph (b) for “5(1) and (2)” substitute “5(2)”.

29

In section 3(2)(c) (period for which notice has effect)—

a

after “expires without” insert “a copy of”, and

b

for “local authority” substitute “Chief Land Registrar”.

30

In section 7(1) (interpretation)—

a

for the definition of “prescribed” substitute—

  • “prescribed” means prescribed by rules under section 14 of the Local Land Charges Act 1975;

b

omit the definition of “local authority”.

31

In consequence of the amendment made by paragraph 30(b), in Schedule 1 to the Local Land Charges Act 1975 omit paragraph (c) of the amendments to the Rights of Light Act 1959.

32Leasehold Reform Act 1967 (c. 88)

In section 19(10) of the Leasehold Reform Act 1967 (registration of scheme or certificate under section 19 in appropriate local land charges register) in the opening words omit “appropriate”.

33Land Compensation Act 1973 (c. 26)

In section 52(9) of the Land Compensation Act 1973 (registration of advance payment of compensation in appropriate local land charges register) omit “appropriate”.

34Interpretation Act 1978 (c. 30)

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) in the entry containing definitions of “local land charges register” and “the appropriate local land charges register”—

a

for “a register” substitute “the register”, and

b

omit the words from “and “the appropriate local land charges register”” to the end of that entry.

35Highways Act 1980 (c. 66)

In paragraph 9(a) of Schedule 9 to the Highways Act 1980 (notification of revocation of improvement line or building line) for the words from “the council” to “is situated” substitute “the Chief Land Registrar”.

36Disused Burial Grounds (Amendment) Act 1981 (c. 18)

In section 2(4) of the Disused Burial Grounds (Amendment) Act 1981 (requirement to deposit copy of order of Secretary of State dispensing with requirements as to human remains with registering authority) for the words from “deposited with” to “1975)” substitute “sent to the Chief Land Registrar,”.

37Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

In section 3(4) of the Compulsory Purchase (Vesting Declarations) Act 1981 (registration of preliminary notice) for the words from “registered” to the end of the subsection substitute “sent to the Chief Land Registrar, and the notice shall be a local land charge”.

38Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

In section 70(12) of the Leasehold Reform, Housing and Urban Development Act 1993 (consequence of registration of scheme in appropriate local land charges register) in the opening words omit “appropriate”.

39Local Government (Wales) Act 1994 (c. 19)

In Schedule 17 to the Local Government (Wales) Act 1994 (savings and transitional provision) omit paragraph 11 (local land charges registers).