Citation, commencement and interpretation

1.-(1) These rules may be cited as the Land Registration (No. 3) Rules 2000.

(2) The transitional provisions contained in rule 5 of these rules shall come into force on 25 May 2001 and the remaining rules shall come into force on 28 May 2001.

(3) In these rules-

(a)"the principal rules" means the Land Registration Rules 1925(4),

(b)"the official searches rules" means the Land Registration (Official Searches) Rules 1993(5)

(c)"the matrimonial home rights rules" means the Land Registration (Matrimonial Home Rights) Rules 1997(6), and

(d)a rule referred to by number means the rule so numbered in the principal rules the official searches rules or the matrimonial home rights rules as the case may be.

Amendments to the principal rules

2.-(1) The principal rules have effect subject to the amendments in Schedule 1 to these rules.

(2) Forms AP1, CN1, CT2, DS2, and WCT set out in Schedule 2 to these rules are substituted for the forms so numbered in Schedule 1 to the principal rules.

Amendments to the official searches rules

3.-(1) The official searches rules have effect subject to the amendments in Schedule 3 to these rules.

(2) Forms 94A, 94B and 94C set out in Schedule 4 to these rules are substituted for the forms so numbered in Schedule 1 to the official searches rules.

Amendments to the matrimonial home rights rules

4.-(1) The matrimonial home rights rules have effect subject to the amendments in Schedule 5 to these rules.

(2) Forms MH1, MH2 and MH3 set out in Schedule 6 to these rules are substituted for the forms so numbered in Schedule 1 to the matrimonial home rights rules.

Transitional provisions

5.-(1) The deemed delivery time and date of:

(a)any application for an official search with priority delivered in accordance with the official searches rules after 0930 hours on the day that this rule comes into force; and

(b)any application for first registration or for making, modifying, rectifying or cancelling any entry in the register of a registered title delivered to the proper office after 0930 hours on that day

shall be determined in accordance with the principal rules or official searches rules as amended by rules 1 to 4 of these rules.

(2) The priority period for any application for an official search with priority lodged before rules 1 to 4 of these rules come into force but which expires on or after that day shall be extended to expire at midnight on the thirtieth day.

(3) For the purpose of this rule, "midnight" means the moment before a new day begins.

Rule 2(1)

SCHEDULE 1AMENDMENTS TO THE PRINCIPAL RULES

1. In rule 1

(a)substitute for paragraph (5B)-

"(5B) In rules 24, 85 and paragraph (8) of rule 83A "day" means a day on which the Land Registry is open to the public and in rules 83, 83A, 84 and 85 "application" means an application for making, modifying, rectifying or cancelling any entry in the register of a registered title."; and

(b)at the end add-

"(5N) In these rules "midnight" means the moment before a new day begins."

2. In paragraph (1) of rule 7A insert "and time" before "of delivery" and "modifying," before "rectifying".

3. In rule 24-

(a)in paragraph (1) omit "and shall be dated as of the day on which it is deemed by this rule to have been delivered"; and

(b)for paragraph (2) substitute-

"(2) Every application for first registration delivered at the proper office shall be deemed to have been delivered at the earlier of:

(a)the time notice of it is entered on the day list; or

(b)(i)midnight on the day of receipt if the application was received before 12 noon on that day; and

(ii)midnight on the day following the day of receipt if the application was received at or after 12 noon on that day."

4. In rules 42, 73 and paragraph (4) of rule 86 substitute "date and time at" for "day on".

5. For rule 83 substitute-

"Delivery of application (except outline applications)

83. Every application (except outline applications defined in rule 83A) shall be delivered at the proper office and, when so delivered, shall be allocated an official reference number and the day list shall be marked with the date and time at which the application is deemed by rule 85 to have been delivered.

Outline applications

83A.-(1) An outline application is an application delivered in accordance with this rule.

(2) Subject to paragraphs (9)-�(13) of this rule, any application may be delivered by outline application if it satisfies the following conditions:

(a)the application must not be:

(i)an application which can be protected by an official search with priority within the meaning of the Land Registration (Official Searches) Rules 1993;

(ii)an application for first registration of land; or

(iii)an application dealing with part only of land in a title whether or not also involving other registered land; and

(b)the right interest or matter the subject of the application must exist at the time of delivery of the application.

(3) During the currency of any notice given pursuant to paragraph (9) of this rule, and subject to and in accordance with the limitations contained in that notice, an outline application may be delivered by:

(a)an oral application at any district land registry;

(b)telephone; or

(c)electronic means.

(4) An outline application must contain the following particulars at the time of delivery:

(i)the title number(s) affected;

(ii)either the surname (if an individual) or, in any other case, the full name of one of the proprietors of the land or applicants for first registration (as the case may be);

(iii)the nature of the proposed application;

(iv)the name of the person or persons on whose behalf the application is being made;

(v)the name and address of the person or firm lodging the application;

(vi)any other particulars specified in any notice made under paragraph (9) of this rule.

(5) Every outline application shall be allocated an official reference number and shall be identified on the day list as such and shall be marked with the date and time at which the application is deemed by rule 85 to have been delivered and the registrar shall acknowledge receipt of any outline application by notifying the applicant, as soon as practicable, of the official reference number allocated to it.

(6) Without prejudice to the power of the registrar to cancel an application under rule 317, the outline application shall be cancelled by the registrar unless there is lodged at the proper office before the expiry of the reserved period Form CN1, CT2, DS2, MH1, MH2 or WCT where appropriate, and in every other case Form AP1 duly completed in respect of the outline application quoting the official reference number of the outline application and accompanied by the appropriate documentation and the prescribed fee.

(7) If the outline application has been cancelled before the form required by paragraph (6) of this rule is delivered to the proper office, the registrar shall accept the form as an application in its own right.

(8) For the purpose of this rule, "reserved period" means the period expiring at 12 noon on the third day following the day that notice of an outline application was deemed by rule 85 to have been delivered.

(9) If the registrar is satisfied that adequate arrangements have been or will be in place for dealing with applications specified in paragraph (1) he may, in such manner as he considers appropriate for informing persons who may wish to make applications under this rule, give notice to that effect specifying the class or classes of case covered by those arrangements.

(10) A notice given under paragraph (9) may in particular be limited in its operation to:

(i)applications delivered by a particular person specified by name or category;

(ii)particular types or classes of application;

(iii)applications received between specified times and on specified days (which need not be those between or on which the Registry is open to the public);

(iv)applications affecting the whole of the land in a title or titles;

(v)applications delivered by a particular means.

(11) Subject to paragraphs (12) and (13), a notice given pursuant to paragraph (9) shall be current from the time specified in the notice until the time, if any, specified in the notice, or if no expiry date is specified in the notice, indefinitely.

(12) A notice given pursuant to paragraph (9) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.

(13) If and so long as, owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications covered by a notice given pursuant to paragraph (9) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (12)."

6. In paragraph (3) of rule 84 substitute "rule 299" for "rule 298".

7. For rule 85 substitute-

"Date of delivery of applications

85.-(1) Every application shall be deemed to have been delivered at the earlier of

(a)the time notice of it is entered on the day list; or

(b)(i)midnight on the day of receipt if the application was received before 12 noon on that day; and

(ii)midnight on the day following the day of receipt if the application was received at or after 12 noon on that day.

(2) Every application shall be completed by registration as of the date and time at which it is deemed to have been delivered"

Rule 2(2)

SCHEDULE 2AMENDMENTS TO SCHEDULE 1 TO THE PRINCIPAL RULES

Rule 3(1)

SCHEDULE 3AMENDMENTS TO THE OFFICIAL SEARCHES RULES

1. In rule 2-

(a)for the definition of "priority period" in paragraph (1) substitute-

""priority period" means the period beginning at the time when the application for an official search is deemed by virtue of paragraph (3) of this rule to have been delivered and ending at midnight on the thirtieth day thereafter;"

(b)substitute for paragraph (3)-

"(3) An application for any official search with priority made by a purchaser however delivered shall be deemed to have been delivered on the date and at the time notice of it is entered on the day list."

2. In rule 3-

(a)substitute for paragraph (4)-

"(4) Where the application is made on Form 94B, unless the registrar otherwise allows, the accompanying plan shall be delivered in duplicate."

(b)delete paragraph (5).

3. In rule 4-

(a)substitute the following for paragraphs (1) and (2)-

"(1) Notice of an application for an official search with priority shall be entered on the day list.

(2) If the application is in order, upon completion of the official search with priority an official certificate of search shall be issued giving the result of the search as at the date and time that the application is deemed to have been delivered.

(2A) An official certificate of search with priority of a register or in relation to pending first registration application may, at the registrar's discretion, be issued in one or both of the following ways:

(a)in documentary form;

(b)during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraph (a)."

(b)In paragraph (4) delete the words "in Form 94B(Result) or".

(c)Substitute for paragraph (5)-

"(5) Where an official certificate of search is issued under paragraph (2A)(b) and another official certificate of search is to be, or has been, issued under paragraph (2A)(a) in respect of the same application, it need only include the information specified at A, F, G and H of Part I and I of Part II of Schedule 2 as the case may require."

4. In rule 8 substitute "rule 299" for "rule 298".

5. In rule 9-

(a)substitute for paragraph (3)-

"(3) Where the application is made on Form 94C under paragraph (2)(a), unless the registrar otherwise allows, the accompanying plan shall be delivered in duplicate."

(b)delete paragraph (4).

6. In rule 10-

(a)substitute for paragraph (2)-

"(2) An official certificate of search without priority may, at the registrar's discretion, be issued in one or both of the following ways:

(a)in documentary form;

(b)during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in paragraph (a)."

(b)in paragraph (4) delete the words "in Form 94C (Result) or"

(c)substitute for paragraph (5)-

"(5) Where an official certificate of search is issued under paragraph (2)(b) and another official certificate of search is to be, or has been, issued under paragraph (2)(a) in respect of the same application, it need only include the information specified at A, F, G and H of Part I of Schedule 2"

7. In rule 14-

(a)in paragraph (6) substitute "and 10(2)(b)" for "10(2)(c) and (12)".

(b)substitute "rule 4(2A)(b)" for "rule 4(2)(c)" and "rule 10(2)(b)" for "rule 10(2)(c)" wherever they appear.

8. In Schedule 2-

(a)in Part I-

(i)in paragraph B insert "and time" after "date".

(ii)in paragraph F insert "midnight on" before the words "the date specified".

(iii)in paragraph I substitute "the date and time at" for "the date on".

(b)in Part II-

(i)in paragraph B insert "and time" after "date".

(ii)in paragraphs G and H substitute "date and time at" for "date upon".

(iii)in paragraph J substitute " The date and time at" for "The date on".

Rule 3(2)

SCHEDULE 4AMENDMENTS TO SCHEDULE 1 OF THE OFFICIAL SEARCHES RULES

Rule 4(1)

SCHEDULE 5AMENDMENTS TO THE MATRIMONIAL HOME RIGHTS RULES

1. In rule 7

(a)substitute for paragraph (1)-

"(1) An official certificate giving the result of search shall be issued in one or both of the following ways:

(a)in documentary form;

(b)during the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, by means of communication, other than the means referred to in sub-paragraph (a)."

(b)paragraph (3) shall be deleted.

(c)substitute for paragraph (4)-

"(4) Where an official certificate of result of search is issued under paragraph (1)(b) and another certificate of result of search is to be, or has been, issued under paragraph (1)(a) in respect of the same application, it need only include the information specified at E and F of Schedule 2."

2. Insert at the end of rule 8-

• "and whether there is a pending application for the entry of a matrimonial home rights notice entered on the day list pursuant to rule 7A of the Land Registration Rules 1925."

3. In rule 9 substitute "rule 7(1)(b)" for "rule 7(1)(c)" wherever it appears.

4. In Schedule 2-

(a)substitute the following for paragraph B-

"B. The time and date of the official certificate of result of search.".

(b)Insert after paragraph E-

"F. Whether there is pending application for the entry of a matrimonial home rights notice entered on the day list pursuant to rule 7A of the Land Registration Rules 1925.".

Rule 4(2)

SCHEDULE 6AMENDMENTS TO SCHEDULE 1 OF THE MATRIMONIAL HOME RIGHTS RULES

Explanatory Note

(This note is not part of the Rules)

These rules:

(A) amend the Land Registration Rules 1925 so as to-

(a)alter the provisions for the deemed delivery of applications both for first registrations and for dealings with registered land, and provide for the time as well as the date of their receipt to be entered on the day list;

(b)provide for applications to register dealings with registered land which are not capable of protection by a priority search to be lodged by way of a new type of application known as an outline application where the Registrar is satisfied that adequate arrangements have been made for their delivery and he has issued a notice to that effect;

(c)amend the application forms for dealings with registered land to reflect the reference number of the outline application; and

(d)set out the transitional arrangements arising out of the alteration to the deemed delivery provisions.

(B) amend the Land Registration (Official Searches) Rules 1993 so as to-

(a)alter the provisions for the deemed delivery so that all search applications are received on a real time priority basis and to provide for the time as well as the date of their receipt to be entered on the day list;

(b)amend the search forms so as to dispense with the result panels, and make other changes to their form as well as removing the requirement for them to be submitted in duplicate; and

(c)set out the transitional arrangements arising out of the alteration to the deemed delivery provisions.

(C) amend the Land Registration (Matrimonial Home Rights) Rules 1997 so as to-

(a)amend the search forms so as to dispense with the results panels, and make other changes to their form as well as remove the requirement for them to be submitted in duplicate and allow for the outline application reference to be inserted where appropriate; and

(b)provide for the matrimonial home rights search to reveal relevant applications pending on the day list.