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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 4

LAND REGISTRATION

Land Registration (Amendment) Rules (Northern Ireland) 2007

  Made 9th January 2007 
  Coming into operation 1st April 2007 

The Department of Finance and Personnel, in exercise of the powers conferred by section 85 of the Land Registration Act (Northern Ireland) 1970[1] and now vested in it[2] and of every other power enabling it in that behalf, with the advice and assistance of the Land Registry Rules Committee[3], hereby makes the following Rules:

Citation and commencement
     1. These Rules may be cited as the Land Registration (Amendment) Rules (Northern Ireland) 2006 and shall come into operation on 1st April 2007.

Interpretation
    
2. In these Rules—

Amendment of the Land Registration Rules
     3. The Land Registration Rules are amended in accordance with the Schedule.



Sealed with the Official Seal of the Department of Finance and Personnel on


9th January 2007.

L.S.

A senior officer of the Department of Finance and Personnel


SCHEDULE

AMENDMENT OF THE LAND REGISTRATION RULES


     1. In Rule 2(1) (Interpretation)[
5]—

    (1) After the interpretation of "The Ground Rents Act" insert ""the 1998 Order" means the Family Homes and Domestic Violence (Northern Ireland) Order 1998"[6].

    (2) For the definition of "matrimonial charge" substitute ""matrimonial or civil partnership charge" has the same meaning as in Article 5 of the 1998 Order".

    (3) In the definition of "rights of occupation" for the words "Part II of the Family Law Order" substitute "Article 4 of the 1998 Order".

     2. In Rule 29(2) (Notification of proposed registration)—

     3. In Rule 60 (Notice to owner of inclusion of registered charge) for the word "shall" substitute "may".

     4. In Rule 86 (Registration of charging orders under the Criminal Justice Order) for the word "shall" substitute "may".

     5. In Rule 89 (Application for registration of other enforcement orders) for the word "shall" substitute "may".

     6. Delete Rule 90(2) (Cancellation of entries in respect of enforcement orders).

     7. In Rule 91(4) (Registration of pending actions) for the word "shall" substitute "may".

     8. In Rule 92 (Registration of matrimonial charges and renewal of registration)—

     9. In Rule 93 (Cancellation and variation of entries relating to the registration of matrimonial charges and postponement of priority)—

     10. In Rule 147(3) and (4) (Appurtenances) substitute the word "may" for "shall".

     11. In Rule 153(3) (Notice of Bankruptcy petition) substitute the word "may" for "shall".

     12. In Rule 169 (Notice of application) substitute the word "may" for "shall".

     13. In Schedule 2 to the Land Registration Rules—



FORM 1

Application by a Solicitor for first registration (rule 11(1))



Click here to view form 1 of 10


Click here to view form 2 of 10




Click here to view form 3 of 10




Click here to view form 4 of 10



FORM 43

Application for the registration of a matrimonial or civil partnership charge as a burden

(rule 92(1))

(Heading as in Form 18)



Click here to view form 5 of 10


Click here to view form 6 of 10



FORM 44

Entry of a matrimonial or civil partnership charge as a burden on the register

(rule 92(4))



Click here to view form 7 of 10



FORM 45

Application for the renewal of the registration of a matrimonial or civil partnership charge pursuant to Article 9(3)(a) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998

(rule 92(5))

(Heading as in Form 18)



Click here to view form 8 of 10



FORM 100

Statement to accompany an application for registration or dealing presented in the Registry by a solicitor (Rule 195).



Click here to view form 9 of 10


Click here to view form 10 of 10


EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules make amendments to the Land Registration Rules (Northern Ireland) 1994 ("the Land Registration Rules") consequential upon the Family Homes and Domestic Violence (Northern Ireland) Order 1998 and relevant provisions of the Civil Partnership Act 2004 which came into force in Northern Ireland on 5th December 2005.

These Rules also amend the Land Registration Rules to simplify applications for first registration of title and applications relating to registered land and the registration process.


Notes:

[1] 1970 c. 18 (N.I.) as amended by S.I. 1978/459 (N.I. 4), S.I. 1989/2405 (N.I. 19), S.I. 1992/811 (N.I. 7) and 2001 c. 5 (N.I.)back

[2] By virtue of 1998 c. 47 s. 95(5) and Sch. 12, para. 10(1)(b)back

[3] Established by 1970 c. 18 (N.I.) s. 85(1)back

[4] S.R. 1994 No. 424 as amended by S.R. 2000 No. 165 and S.R. 2002 No. 229back

[5] Rule 2(1) was amended by paragraph 1 of the Schedule to the Land Registration(Amendment) Rules (Northern Ireland) 2002back

[6] SI 1998/1071 (N.I. 6)back



ISBN 978 0 337 96795 5


 © Crown copyright 2007

Prepared 15 February 2007


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URL: http://www.bailii.org/nie/legis/num_reg/2007/20070004.html