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You are here: BAILII >> Databases >> The Law Commission >> Land Registration For The Twenty-First Century: A Conveyancing Revolution (Report) [2001] EWLC 271(15) (9 July 2001) URL: http://www.bailii.org/ew/other/EWLC/2001/271(15).html Cite as: [2001] EWLC 271(15)

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PART XV THE LAND REGISTRY

INTRODUCTION

15.1      The provisions of the Bill relating to HM Land Registry itself are to be found in Part 10 and Schedule 7 of the Bill. Except in relation to judicial matters, which are explained in Part XVI of this Report, the position of the Registry is not changed in any very material respect by the Bill.

THE LAND REGISTRY

15.2      The Bill makes provision for the continuance of the HM Land Registry which is to deal with the business of registration under the Bill.^[1] The land registry is to consist of the Chief Land Registrar ("the registrar" for the purposes of the Bill^[2]), who is its head, and the staff of the registry who are to be appointed by him^[3] on such terms and conditions as he, with the approval of the Minister for the Civil Service, thinks fit.^[4] The Chief Land Registrar is himself to be appointed by the Lord Chancellor,^[5] and the Bill makes provision dealing with the Chief Land Registrar's resignation, removal, re-appointment and remuneration.^[6]

15.3      At present, the office of Chief Land Registrar is not a disqualifying office for the purpose of membership of the House of Commons or the Northern Ireland Assembly. This is considered to be inappropriate, and the Bill amends the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975 accordingly.^[7]

15.4      Following the model of the Land Registration Act 1925,^[8] the Bill protects any member of the land registry from a claim in damages for any act or omission in the discharge or purported discharge of any function relating to land registration, unless it is shown that the act or omission was in bad faith.^[9]

CONDUCT OF BUSINESS

15.5      Any function of the Chief Land Registrar may be carried out by any member of the land registry who is authorised for the purpose by the registrar.^[10] There is power for the Lord Chancellor by regulations to make provision about the carrying out of the registrar's functions during any vacancy in the office.^[11]

15.6      The land registry operates through a series of district registries.^[12] There is power for the Lord Chancellor by order to designate a particular office of the land registry as the proper office for the receipt of applications or a specified description of applications.^[13] This means that a particular district land registry can be designated to receive applications from particular areas of England and Wales (as happens now), or indeed a specific type of application. It would (for example) be possible to designate one particular registry to deal with applications by the Crown to register its demesne land under Clause 79.^[14]

15.7      The registrar is empowered to prepare and publish such forms and directions as he considers necessary or desirable for facilitating the conduct of the business of registration under the Bill.^[15] This replicates an existing power^[16] which has been used for a variety of matters, such as giving guidance as to how to conduct official searches of the register by fax and telephone, and prescribing the conditions of use of the registry's direct access service.^[17] The Bill makes provision so that such forms and directions are admissible in evidence under the Documentary Evidence Act 1868.^[18]

ANNUAL REPORT

15.8      The Bill requires the registrar to publish an annual report on the business of the land registry to the Lord Chancellor,^[19] who must in turn lay copies of each of them before Parliament.^[20]

FEES

15.9      The Bill replaces the existing powers to charge fees^[21] with a simpler provision. The Bill provides^[22] that the Lord Chancellor may, by order, with the advice and assistance of the Rule Committee,^[23] and the consent of the Treasury-

(1) prescribe fees to be paid in respect of dealings with the land registry (subject to one exception explained below^[24]); and

(2) make provision about the payment of prescribed fees.^[25] Furthermore, the power to make a fee order includes the power to make different provision for different cases under the general provision of the Bill.^[26]

15.10      Unlike the present provisions, the Bill does not prescribe the method for assessing fees.^[27] It is in fact likely that the method of assessment may change from its present basis.

MISCELLANEOUS FUNCTIONS

Power to publish information about land

15.11      The registrar is empowered by the Bill to publish information about land in England and Wales if it appears to him to be information in which there is a legitimate public interest.^[28] The registrar already publishes data about changes in property prices on a quarterly basis, and these are widely used. Because all sales of freehold land are required to be registered the Registry's figures are the most accurate available. It will doubtless become possible to publish further information that can be ascertained either from the register itself or from applications for registration.

Consultancy and advisory services

15.12      The registrar is given power by the Bill to provide consultancy or advisory services about the registration of land in England and Wales or elsewhere. The terms on which he provides such services, including in particular the terms of payment, are such as the registrar thinks fit.^[29] The registrar will, in other words, have a free hand to negotiate such fees as the amount of such charges will not be prescribed by fee order.^[30] This power will enable the registrar to offer consultancy services both within England and Wales and elsewhere. In particular, it is likely that his expertise may be in demand in relation to the development of electronic registration systems in other countries.

Ý
Ü   Þ

Note 1   Cl 98(1). Cf Land Registration Act 1925, s 127(1). The registry is to continue to have a seal and any document purporting to be sealed with it is to be admissible in evidence without any further proof: Schedule 7, para 5. This replicates the effect of Land Registration Act 1925, s 126(7).    [Back]

Note 2   See Cl 129(1).    [Back]

Note 3   Cl 98(2).    [Back]

Note 4   Schedule 7, para 3.    [Back]

Note 5   Cl 98(3).    [Back]

Note 6   Cl 98(4); Schedule 7, paras 1, 2.    [Back]

Note 7   Schedule 7, para 7.    [Back]

Note 8   See s 131.    [Back]

Note 9   Schedule 7, para 4.    [Back]

Note 10   Cl 99(1).    [Back]

Note 11   Cl 99(2). This replicates the effect of Land Registration Act 1925, s 126(6). For the present regulations, see Ruoff & Roper, Registered Conveyancing, E-01-E-03.    [Back]

Note 12   There are presently 24. For the administrative area covered by each district land registry, see Land Registration (District Registries) Order 2000; Ruoff & Roper, Registered Conveyancing, E-41-E-43.    [Back]

Note 13   Cl 99(3). Cf Land Registration Act 1925, s 132 (which presently governs district land registries). The order is required to be made by statutory instrument, to be laid before Parliament only: see Cl 125(3)(d).    [Back]

Note 14   See above, para 11.11.    [Back]

Note 15   Cl 99(4).    [Back]

Note 16   See Land Registration Act 1925, s 127.    [Back]

Note 17   The relevant directions are collected in Ruoff & Roper, Registered Conveyancing, Appendix F.    [Back]

Note 18   Schedule 7, para 6.    [Back]

Note 19   Cl 100(1).    [Back]

Note 20   Cl 100(3).    [Back]

Note 21   See Land Registration Act 1925, s 145; Land Registration Act 1936, s 7.    [Back]

Note 22   See Cl 101.    [Back]

Note 23   For the Rule Committee and its functions, see Cl 124; below, paras 17.6—17.8.    [Back]

Note 24   See Cl 104; below, para 15.12.    [Back]

Note 25   As now, an order prescribing fees is not made by statutory instrument: see Cl 101(b).    [Back]

Note 26   See Cl 125(1). This, in the context of fee orders, replicates the effect of Land Registration Act 1925, s 145(3A) (which was inserted by Land Registration Act 1997, s 3).    [Back]

Note 27   Which, as regards the registration of an estate, is presently determined by the value of the land registered rather than by the amount of work that the transaction entails: see Land Registration Act 1925, s 145(1).    [Back]

Note 28   Cl 103.    [Back]

Note 29   Cl 104.    [Back]

Note 30   See Cl 101(a); above, para 15.9.    [Back]