The Network Access Appeal Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules are made under the Land Registration Act 2002. They are part of a package of Rules made to support the establishment of a land registry network for carrying out electronic conveyancing as provided by section 92 of, and Schedule 5 to, the 2002 Act. The Network Access Appeal Rules 2008 regulate the procedure to be followed when an appeal is brought to the adjudicator against the decision of the registrar in respect of the entry into or termination of a Network Access Agreement.

General matters relating to appeals brought under these Rules are contained in Part 2 and include the adjudicator’s power to make directions, to adjourn a hearing, to strike out a party’s case, rules about service and receipt of documents and the information that a list of documents should contain.

Part 3 deals with the way in which an appeal is brought by the appellant and responded to by the registrar. Rule 20 states the information the appellant has to include in, and accompany, the appeal notice. Rule 21 provides that the registrar must file a response to the applicant’s appeal notice, stating whether it intends to play an active part in the proceedings. The registrar need only set out grounds on which it disagrees with the appellant’s case if the registrar intends to take an active part in the proceedings.

Procedures relating to the hearing of an appeal are contained in Part 4. This includes rules about the summoning and notification of witnesses, the determination of hearings in private, the notification of the adjudicator’s decision and reasons for it and the publication of the adjudicator’s final decision and the award of costs against a party or a legally qualified representative.

Part 5 provides rules about the procedure for seeking permission to bring an appeal from a decision of the adjudicator to the High Court under section 111 of the Act.

A regulatory impact assessment is not provided for this instrument because no significant impact on the private sector, public sector, charities or voluntary sector is foreseen.