PART 5Northern Ireland Dispositions
Amendment of the Land Registration Act (Northern Ireland) 197010
1
Schedule 8A to the Land Registration Act (Northern Ireland) 19706 is amended as follows.
2
After paragraph 4 (Registrable dispositions by overseas entity entitled to be registered (but not registered)), insert—
4AConsent to registration of dispositions that cannot otherwise be registered
1
The Secretary of State may consent to the registration of a disposition that would otherwise be prohibited by an inhibition entered under paragraph 3, or by paragraph 4, if satisfied—
a
that at the time of the disposition the person to whom it was made did not know, and could not reasonably have been expected to know, of the prohibition, and
b
that in all the circumstances it would be unjust for the disposition not to be registered.
2
The Secretary of State may by regulations make provision in connection with applications for consent, and the giving of consent, under sub-paragraph (1).
3
The regulations may, for example, make provision about—
a
who may apply;
b
evidence;
c
time limits.
4
Regulations made under sub-paragraph (2) are to be made by statutory instrument within the meaning given by section 1 of the Statutory Instruments Act 19467 subject to annulment in pursuance of a resolution of either House of Parliament.
3
In paragraph 3(5) —
a
omit “or” at the end of paragraph (d), and
b
after paragraph (d) insert—
da
the Secretary of State gives consent under paragraph 4A to the registration of the disposition, or
4
In paragraph 4(3) —
a
omit “or” at the end of paragraph (d), and
b
after paragraph (d) insert—
da
the Secretary of State gives consent under paragraph 4A to the registration of the disposition, or
5
In paragraph 5(1), after “An overseas entity must not make a registrable disposition of a qualifying estate if” insert “, disregarding the possibility of consent under paragraph 4A,”
.