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PART 8E+WRESTRICTIONS

Application for a restriction and the prescribed period under section 45(2) of the ActE+W

92.—(1) Subject to paragraphs (5), (6), (7) and (8) an application for a restriction to be entered in the register must be made in Form RX1.

(2) The application must be accompanied by—

(a)full details of the required restriction,

[F1(b)where rule 198(2)(d) applies, the address for service of the person named in the restriction,]

(c)if the application is made with the consent of the relevant registered proprietor, or a person entitled to be registered as such proprietor, and that consent is not given in Form RX1, the relevant consent,

(d)if the application is made by or with the consent of a person entitled to be registered as the relevant registered proprietor, evidence to satisfy the registrar of his entitlement, and

(e)if the application is made by a person who claims that he has a sufficient interest in the making of the entry, the statement referred to in paragraph (3) signed by the applicant or his conveyancer.

[F2(3) The statement required under paragraph (2)(e) must—

(a)give details of the nature of the applicant’s interest in the making of the entry of the required restriction, and

(b)give details of how the applicant’s interest arose.]

(4) If requested to do so, an applicant within paragraph (2)(e) must supply further evidence to satisfy the registrar that he has a sufficient interest.

(5) The registrar may accept a certificate given by a conveyancer that the conveyancer is satisfied that the person making or consenting to the application is entitled to be registered as the relevant proprietor, and that either—

(a)the conveyancer holds the originals of the documents that contain evidence of that person's entitlement, or

(b)an application for registration of that person as proprietor is pending at the land registry.

(6) If an application is made with the consent of the relevant registered proprietor, or a person entitled to be registered as such proprietor, the registrar may accept a certificate given by a conveyancer that the conveyancer holds the relevant consent.

[F3(7) Paragraph (1) of this rule does not apply where a person applies for the entry of a standard form of restriction—

(a)in the additional provisions panel of Form TP1, TP2, TR1, TR2, TR4, TR5, AS1, AS2 or AS3,

(b)in panel 8 of Form CH1 F4...,

(c)in an approved charge,

(d)in clause LR13 (as set out in Schedule 1A) of a relevant lease, or

(e)in Form A, using Form SEV] [F5, or]

[F6(f)in an electronic document to which section 91 of the Act applies where the form of the document (including the application for the restriction) has first been approved by the registrar.]

(8) This rule does not apply to an application to the registrar to give effect to an order of the court made under section 46 of the Act.

(9) The period for the purpose of section 45(2) of the Act is the period ending at 12 noon on the fifteenth [F7working] day after the date of issue of the notice under section 45(1) or, if more than one such notice is issued, the date of issue of the latest notice.

[F8(10) In this rule—

“approved charge” means a charge the form of which (including the application for the restriction) has first been approved by the registrar, and

“relevant lease” means—

(a)

a prescribed clauses lease as defined in rule 58A(4), or

(b)

any other lease which complies with the requirements as to form and content set out in rule 58A(1) and which either is required to be completed by registration under section 27(2)(b) of the Act or is the subject of an application for first registration of the title to it.]

Textual Amendments

Modifications etc. (not altering text)