EXPLANATORY NOTE
These rules amend the Land Charges Rules 1974 (S.I. 1974/1286) (the principal rules), which make detailed provision for the keeping of the registers relating to unregistered land in England and Wales, and the procedures and forms for registration and searches in the Land Charges Department. The registers are those required by the Land Charges Act 1972 (c. 61) to be kept by the registrar of HM Land Registry.
Rules 3 to 7 and Schedules 1 to 4 make amendments to the principal rules, in particular they—
(a)add reference to, and a definition of, “unitary authority area”, with a consequential amendment to the definition of “county” and the addition of a definition of “district”,
(b)update the definition of “principal office”,
(c)revoke rule 6 and Form 14 of the principal rules, which required a statutory declaration to accompany most applications that are not made by a practising solicitor,
(d)omit rule 13(2) of the principal rules under which the registrar could require a separate certificate that the land affected by an application is not registered,
(e)enable any land charges application or its result to be delivered electronically, or by other means (in addition to post, document exchange or personal delivery), if the registrar is satisfied that adequate arrangements will be in place, and the registrar has issued a notice publicising the arrangements,
(f)make provisions about such notices,
(g)add a definition of “conveyancer” for the purpose of land charges prescribed forms, and
(h)substitute a new Form K9 (application for the rectification of an entry in the Land Charges register).
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, Level 4 Block B, 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 www.legislation.gov.uk.