Title, commencement and interpretation1.

(1)

The title of these Rules is the Local Land Charges (Fees) (Wales) Rules 2021.

(2)

These Rules come into force on 1 April 2021 but Rules 2, 3, 4 and 5 only have effect in relation to the area of a local authority, on the date on which Parts 1 to 3 of Schedule 5 to the Infrastructure Act 20153 come into effect in relation to that area.

(3)

In these Rules—

“definitive certificate” (“tystysgrif diffiniol”) means a certificate issued by the Upper Tribunal under section 2(3)(a) of the Rights of Light Act 19594;

“land” (“tir”) has the same meaning as in section 16 of the Local Land Charges Act 1975;

“local authority”(“awdurdod lleol”) means the council of a county or county borough in Wales;

“the principal Rules”(“y prif Reolau”) means the Local Land Charges Rules 20185.

Fees2.

The fees for the services specified in the Schedule are those set out in that Schedule and are payable to the Chief Land Registrar in accordance with rule 3.

Manner of payment3.

(1)

The fees are payable on delivery of the application or requisition, or lodging of the definitive certificate, as appropriate.

(2)

The fees must be paid by credit or debit card except where the Chief Land Registrar otherwise permits or where paragraph (3) or (4) applies.

(3)

Where there is an agreement between the applicant or person requesting the service and the Chief Land Registrar, a fee may be paid by direct debit to such bank account of Her Majesty’s Land Registry as the Chief Land Registrar may from time to time direct.

(4)

Where an application or requisition is made, or a definitive certificate is lodged, other than by using an electronic means of communication, the fee may be paid by cheque or postal order crossed and made payable to Her Majesty’s Land Registry.

Revocation4.

Rule 14 of, and Schedule 3 to, the Local Land Charges Rules 1977 are revoked6.

Consequential amendment to the Local Land Charges Rules 20185.

(1)

The Local Land Charges Rules 2018 are amended as follows.

(2)

In rule 15 (Revocations)—

(a)

at the beginning of paragraph (1) omit the words “Subject to paragraph (2)”; and

(b)

omit paragraph (2).

Julie James
Minister for Housing and Local Government, one of the Welsh Ministers