The Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006

Statutory Instruments

2006 No. 1693

LAND CHARGES, ENGLAND

The Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006

Made

27th June 2006

Laid before Parliament

28th June 2006

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 143 of the Constitutional Reform Act 2005(1):

Citation and commencement

1.  This Order may be cited as the Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006 and shall come into force on the day after the day on which it is made.

Duration

2.  This Order shall cease to have effect on 1st April 2007.

Provision supplementary to the Constitutional Reform Act 2005

3.—(1) This article applies in respect of the period commencing on 3rd April 2006 and ending with the day on which this Order is made.

(2) Section 13A of the Local Land Charges Act 1975(2) has effect as if—

(a) each registering authority had specified those fees which would have applied had the Constitutional Reform Act 2005 (Commencement No. 5) Order 2006(3) not been made;

(b) any obligation of a registering authority in respect of the specification of fees under that section had been complied with.

(3) If a registering authority has specified and collected fees otherwise than in accordance with paragraph (2), nothing in this article affects the validity of that specification and collection.

4.—(1) This article applies in respect of the period commencing on the day after the day on which this Order is made and ending with 31st March 2007.

(2) Section 13A of the Local Land Charges Act 1975 has effect as if—

(a) each registering authority had specified those fees which would have applied had the Constitutional Reform Act 2005 (Commencement No. 5) Order 2006 not been made;

(b) any obligation of a registering authority in respect of the specification of fees under that section had been complied with.

Falconer of Thoroton , C

Dated 27th June 2006

Explanatory Note

(This note is not part of the Order)

This Order makes supplementary, transitory and transitional provision with respect to section 13A of the Local Land Charges Act 1975 (c. 76), as inserted by paragraph 83 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4). It provides that from 3rd April 2006 until 31st March 2007 the fees specified by registering authorities shall be those that were applicable immediately prior to 3rd April 2006.

The fees applicable prior to 3rd April 2006 are those set out in Schedule 3 to the Local Land Charges Rules 1977 (S.I. 1977/985), as amended by the Local Land Charges (Amendment) Rules 2003 (S.I. 2002/2502).

(1)

2005 c. 4.

(2)

1975 c. 76. Section 13A was inserted by paragraph 83 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(3)

S.I. 2006/1014.