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Statutory Instruments

2008 No. 1921

Land Registration, England And Wales

The Land Registration (Proper Office) (Amendment) Order 2008

Made

17th July 2008

Laid before Parliament

21st July 2008

Coming into force

10th November 2008

The Lord Chancellor in exercise of the powers conferred by section 100(3) of the Land Registration Act 2002(1), makes the following Order—

Citation and commencement

1.  This Order may be cited as the Land Registration (Proper Office) (Amendment) Order 2008 and shall come into force on 10th November 2008.

Amendment of the Land Registration (Proper Office) Order 2007

2.—(1) The Land Registration (Proper Office) Order 2007(2) is amended as follows.

(2) For article 2(2) substitute—

(2) In this article “conveyancer” means—

(a)a solicitor,

(b)a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985(3),

(c)a fellow of the Institute of Legal Executives,

(d)a barrister,

(e)a duly certified notary public, or

(f)a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000(4) who by virtue of regulations 6 and 12 of those regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales..

Signed by authority of the Lord Chancellor

Michael Wills

Minister of State

Ministry of Justice

17th July 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Land Registration (Proper Office) Order 2007 (the principal order). The principal order designates particular offices of the land registry as the proper office for the receipt of specified descriptions of application under the Land Registration Act 2002. The principal order does not apply to, amongst other applications, an application to the registrar delivered in accordance with a written agreement as to delivery made between the registrar and the applicant’s conveyancer. This Order substitutes a new definition of “conveyancer” in article 2(2) of the principal order so as to include a barrister and a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 who by virtue of regulations 6 and 12 of those Regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.

(4)

S.I. 2000/1119, amended by S.I. 2004/1628; there are other amending instruments but none is relevant.