rule 3
SCHEDULE 1CONTENTS OF AN ELECTRONIC LEGAL CHARGE
1. To be within rule 3(1), a charge must contain the following—
(a)the title number and description of the property that is charged,
(b)a provision that the charge takes effect when the registrar receives notification, using a procedure for doing so permitted by the land registry network and in accordance with the provision in the charge required by sub-paragraph (c), that the charge is to take effect,
(c)a provision that the Subscriber who prepared the charge under rule 3(5)(a) is the person who is to notify the registrar that the charge is to take effect,
(d)the Borrower’s name,
(e)the E-MD reference, if any, applicable to the charge,
(f)the Lender’s name and intended address for service for entry in the register,
(g)if the Lender is a company registered in any part of the United Kingdom under the Companies Acts or the Companies (Northern Ireland) Order 1986(1), the Lender’s registered number,
(h)if the Lender is a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000(2), the Lender’s registered number,
(i)if the Lender is a corporation incorporated outside the United Kingdom, the territory in which the Lender is incorporated and the Lender’s registered number, if any, in England and Wales,
(j)a statement to the effect that the Borrower (stating, if desired, whether with full or limited title guarantee) charges to the Lender the property referred to in sub-paragraph (a) by way of legal mortgage with payment of all money secured by the charge,
(k)a statement, if such be the case, that the Lender is under an obligation to make further advances and applies for the obligation to be entered in the register, and
(l)a statement, if such be the case, that the Borrower applies to enter a standard form of restriction in the proprietorship register of the registered estate that is charged and, if so, the wording of the standard form of restriction.
2.—(1) A charge within rule 3(1) may contain provisions additional to those in paragraph 1.
(2) For the purposes of registration of an electronic legal charge, if there is a conflict between any such additional provision and a provision contained in the charge in accordance with paragraph 1 the latter provision shall prevail.
(3) The registrar need make no entry in the register in respect of any matter contained in any such additional provisions.
3. In this Schedule—
“full network access agreement” has the same meaning as in the Land Registration (Network Access) Rules 2008(3), and
“Subscriber” means a person who has entered into a full network access agreement with the registrar.
Rules 5 and 6
SCHEDULE 2PROVISIONS AFFECTING THE PRINCIPAL RULES
PART 1AMENDMENTS TO THE PRINCIPAL RULES
Amendment of rule 12
1. In rule 12(4), after “include” insert “an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act, or”.
Amendment of rule 15
2. In rule 15(2)(a), for “a business” substitute “the”.
Amendment of rule 92
3. In rule 92(7)(b), after “CH1” insert “or in an electronic legal charge”.
Amendment of rule 108
4. In rule 108(3), after “CH1,” insert “in an electronic legal charge”.
Amendment of rule 133
5. In rule 133(2), omit the “and” at the end of sub-paragraph (e), and before the full stop at the end of paragraph (f) insert—
“, and
(g)any document relating to an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act”.
Amendment of rule 135
6. In rule 135(2), omit the “and” at the end of sub-paragraph (e), and before the full stop at the end of paragraph (f) insert—
“, and
(g)any document relating to an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act”.
Amendment of rule 217
7. In rule 217(1), after the definition of “day list”, insert ““electronic legal charge” has the same meaning as in the Land Registration (Electronic Conveyancing) Rules 2008,”.
PART 2DISAPPLICATION OF PROVISIONS IN THE PRINCIPAL RULES
Disapplication of Part 3 of the principal rules
1. Part 3 of the principal rules (Applications: General Provisions) does not apply to applications for a network access agreement under paragraph 1(4) of Schedule 5 to the Act.
Disapplication of rule 57
2. Rule 57 does not apply to a person applying to register an electronic legal charge.
Disapplication of rule 81(1)(b)
3. Rule 81(1)(b) does not apply to an application for an agreed notice in respect of an electronic legal charge stored by the registrar, provided that the applicant gives sufficient details of the charge to enable the registrar to identify it.
Disapplication of rule 203
4. Rule 203 does not apply to an application made using the land registry network where the document delivered with the application is in electronic form but the registrar may retain the document and at any time thereafter delete it if satisfied that further retention is unnecessary.