The Land Registration (Solicitor to H M Land Registry) Regulations 1990

Statutory Instruments

1990 No. 2236

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration (Solicitor to H M Land Registry) Regulations 1990

Made

1st November 1990

Coming into force

1st January 1991

The Lord Chancellor, in exercise of the powers conferred on him by section 126(5) and (6A) of the Land Registration Act 1925(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Land Registration (Solicitor to H M Land Registry) Regulations 1990 and shall come into force on 1st January 1991.

Interpretation

2.  In these Regulations:

(a) “the Act” means the Land Registration Act 1925;

(b) “a qualified person” means a person who has a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(2); and

(c) “the Rules” means the Land Registration Rules 1925(3).

Solicitor to H M Land Registry

3.  The acts of the registrar to which this regulation applies may be done by a registrar, being a qualified person, who shall be called the Solicitor to H M Land Registry.

Acts of the registrar which may be done by the Solicitor to H M Land Registry

4.  Regulation 3 applies to the acts of the registrar which are authorised or required to be done in pursuance of:

(a) the provisions of the Act specified in the first column of Part I of the Schedule to the extent specified in the second column thereof; and

(b) the provisions of the Rules specified in the first column of Part II of the Schedule to the extent specified in the second column thereof.

Vacancy in office of, or absence of, Solicitor to H M Land Registry

5.—(1) During a vacancy in the office of, or in the absence of, the Solicitor to H M Land Registry, the acts of the registrar to which regulation 3 applies may be done by another registrar who is a qualified person.

(2) Any registrar acting under the authority of paragraph (1) shall, while so acting, be styled Acting Solicitor to H M Land Registry.

Mackay of Clashfern, C.

Dated 1st November 1990

Regulation 4

SCHEDULE SPECIFIED PROVISIONS OF THE ACT AND RULES

PART 1 THE ACT

Provisions of the Act authorising or requiring acts to be done by the registrar	Extent to which regulation 3 applies
Section 13	for the purpose of hearing and determining objections under proviso (b)
Section 15	for all purposes
Section 17	for all purposes
Section 82	for the purpose of rectifying the register (otherwise than pursuant to an order of the court or with the consent of all persons interested) and of making orders dispensing with production of land or charge certificates
Section 83(5)(c)	for all purposes

PART II THE RULES

Provisions of the Act authorising or requiring acts to be done by the registrar	Extent to which regulation 3 applies
Rule 35(2)	for all purposes
Rule 131	for the purpose of making any entry in or correction of the register (except where the power of disposing of the land has vested in a person other than the proprietor by the operation of any statute, statutory power or order of the court)
Rule 158	for all purposes
Rule 220	for all purposes
Rule 230(2)	for all purposes
Rule 298	for all purposes
Rule 300	for all purposes
Rule 320	for all purposes
Rule 321	for all purposes

Explanatory Note

(This note does not form part of the Regulations)

These Regulations specify the acts of the Chief Land Registrar which may be done by a legally qualified registrar, to be called the Solicitor to H M Land Registry. They further provide for those acts to be done by another legally qualified registrar when there is a vacancy in the office of, or in the absence of, the Solicitor to H M Land Registry.

(1)

1925 c. 21; section 126 was partially repealed by section 1 and Schedule 1 of the Statute Law (Repeals) Act 1986 (c. 12); section 126(6A) was inserted by section 125(2) and Schedule 17 of the Courts and Legal Services Act 1990.

(2)

1990 c. 41.

(3)

S. R. & O. 1925/1093.