The Land Registration (Network Access) (Amendment) Rules 2011
He has consulted such persons as he considered appropriate, in accordance with paragraph 11(2) of Schedule 5 to that Act.
In making rules under paragraphs 1(4) and 3(2)(a) of Schedule 5 to that Act he has had regard, in particular, to the matters set out in paragraph 11(3) of Schedule 5 to that Act.
In accordance with section 128(5) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation1.
These rules may be cited as the Land Registration (Network Access) (Amendment) Rules 2011.
Commencement2.
Interpretation3.
Amendments to the network access rules4.
The network access rules are amended as set out in rules 5 and 6.
Amendments to rule 2 of the network access rules5.
In rule 2(1)—
(a)
““approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,”;
(b)
““intervention” means—
(a)
(b)
an intervention by the Council for Licensed Conveyancers under section 31 of, and Schedule 5 to, or section 32 of, and Schedule 6 to, the Administration of Justice Act 19857,(c)
an intervention by a licensing authority under section 102 of, and Schedule 14 to, the Legal Services Act 2007, or
(d)
an intervention of a similar nature to those referred to in (a), (b) and (c) of this definition by any other approved regulator in accordance with its regulatory arrangements,
and for the purpose of these rules an intervention occurs on the day when the intervening body first decides to exercise the power of intervention in question in relation to a person or body,;”;
(c)
““licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,”;
(d)
““regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,”.
Amendments to Schedule 1 to the network access rules6.
(1)
“Authorised persons1.
(1)
That the applicant is—
(a)
an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,
(b)
an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
(c)
a government department.
(2)
For the purposes of this paragraph—
(a)
“authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,
(b)
“manager” has the same meaning as in section 207 of the Legal Services Act 2007,
(c)
“relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
(d)
“relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.”.
(2)
In paragraph 2 of Schedule 1—
(a)
substitute “indemnification arrangements” for “indemnity rules” wherever those words appear in sub-paragraph (1),
(b)
“(2)
Subject to paragraph 3, where the applicant is not under an obligation to comply with indemnification arrangements, that he holds a policy of indemnity insurance providing cover which in the opinion of the registrar is reasonably equivalent to the cover which would have been required under the indemnification arrangements applicable had the applicant been an authorised person regulated or licensed (whichever would, in the opinion of the registrar, have been more appropriate in the case of the applicant) by the Law Society.”,
(c)
omit sub-paragraph (3).
(3)
In paragraph 3(2) of Schedule 1 substitute “indemnification arrangements” for “indemnity rules”.
(4)
In paragraph 7(c) of Schedule 1 after “was” where it first appears insert “, at the date of the intervention,”.
(5)
In paragraph 7(d) of Schedule 1 after “applicant” insert “or a connected person”.
(6)
In paragraph 9(1)(b) of Schedule 1—
(a)
omit “or” at the end of sub-paragraph (iii),
(b)
“(v)
any other disciplinary tribunal provided under the regulatory arrangements of an approved regulator, or
(vi)
a licensing authority,”.
(7)
In paragraph 9(2) of Schedule 1—
(a)
omit “or” at the end of sub-paragraph (c),
(b)
“or
(a)
in relation to paragraph 7(d), the date of the application.”.
(8)
“Interpretation10.
In this Schedule, “indemnification arrangements” has the same meaning as in section 21 of the Legal Services Act 2007 but with the omission of the words “, in relation to a body,”.”.
Signed by authority of the Lord Chancellor
These rules are made under the Land Registration Act 2002. They amend the Land Registration (Network Access) Rules 2008 (“the network access rules”) which make provision in connection with the land registry network for carrying out electronic conveyancing.
The amendments are made in consequence of changes under the Legal Services Act 2007 to the regulation of persons carrying out legal activities, and the introduction of alternative business structures on the coming into force of Part 5 of that Act.
Rule 5 adds definitions to rule 2(1) of the network access rules, mainly by reference to definitions in the Legal Services Act 2007. The definition of “intervention” is amended to include interventions by new regulators or licensing authorities coming into being under that Act.
Rule 6 amends Schedule 1 to the network access rules (which sets out the criteria for entry into a full network access agreement) to include applicants who are or who employ authorised persons, authorised or licensed under the provisions of the Legal Services Act 2007 to carry on certain reserved instrument activities relating to land registration. Minor amendments are made for clarification of the existing provisions of the Schedule.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Project Team Leader, Room 554, Land Registry Durham Office, Southfield House, Southfield Way, Durham DH1 5TR and is annexed to the Explanatory Memorandum which is available alongside the instrument on .