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2002 No. 2539 (L. 11)
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration Rules 2002
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Made |
1st October 2002 | |
| |
Laid before Parliament |
9th October 2002 | |
| |
Coming into force |
2nd December 2002 | |
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925[1], in exercise of the powers conferred on him by sections 54[2], 112[3] and 144 of that Act, section 4 of the Land Registration and Land Charges Act 1971[4], and of all other powers enabling him in that behalf, hereby makes the following rules:
Citation, commencement and interpretation
1.
- (1) These rules may be cited as the Land Registration Rules 2002.
(2) These rules shall come into force on 2nd December 2002.
(3) In these rules -
(a) "the principal rules" means the Land Registration Rules 1925[5].
(b) "the open register rules" means the Land Registration (Open Register) Rules 1991[6].
(c) "the souvenir rules" means the Land Registration (Souvenir Land) Rules 1972[7].
(d) a rule referred to by number means the rule so numbered in the principal rules, the open register rules or the souvenir 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) Schedule 2 to the principal rules has effect subject to the amendments in Schedule 2 to these rules.
Amendments to the open register rules
3.
Schedules 1 and 2 to the open register rules have effect subject to the amendments in Schedule 3 to these rules.
Amendment to the souvenir rules
4.
The souvenir rules have effect subject to the amendment in Schedule 4 to these rules.
Signed by authority of the Lord Chancellor
Patricia Scotland
Parliamentary Secretary, Lord Chancellor's Department
1st October 2002
SCHEDULE 1Rule 2(1)
AMENDMENTS TO THE PRINCIPAL RULES
1.
In rule 20(iii) delete the words "or Land Registry General Map".
2.
For rule 82A substitute -
"
Evidence of non-revocation of power more than 12 months old
82A.
- (1) If any transaction between a donee of a power of attorney and the person dealing with him is not completed within 12 months of the date on which the power came into operation, the Registrar may require the production of evidence to satisfy him that the power had not been revoked at the time of the transaction.
(2) The evidence that the Registrar may require under paragraph (1) above shall consist of a statutory declaration by the person who dealt with the attorney or a certificate given by that person's solicitor, if he has knowledge of the relevant facts, in Form 114 or such other evidence as the Registrar may direct."
3.
For rule 82B substitute -
"
Evidence in support of power delegating trustees' functions to a beneficiary
82B.
- (1) If any instrument executed by an attorney to whom functions have been delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996[8] is delivered to the Registrar, the Registrar may require the production of evidence to satisfy him that the person who dealt with the attorney:
(a) did so in good faith; and
(b) had no knowledge at the time of the completion of the transaction that the attorney was not a person to whom the functions of the trustees in relation to the land to which the application relates could be delegated under that section.
(2) The evidence that the Registrar may require pursuant to paragraph (1) above shall consist of a statutory declaration by the person who dealt with the attorney or a certificate given by that person's solicitor, if he has knowledge of the relevant facts, in Form 115 or, where evidence of non-revocation is also required pursuant to rule 82A above, in Form 114, or such other evidence as the Registrar may direct."
4.
For rule 90 substitute -
"
Retention of documents in registry
90.
All deeds, applications and other documents on which any entry in the register is founded shall be retained, and shall not be taken away from the Registry, except:
(a) under a written order of the Registrar; or
(b) pursuant to an order of the court; or
(c) where a copy of the deed, application or other document is retained in an electronic or other non-documentary form; or
(d) where otherwise provided for in the Act or these rules."
5.
For rule 145(1), substitute -
"
(1) On the registration of a charge created by a company registered under the Companies Acts or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000[9], there shall be produced to the Registrar a certificate under section 395 of the Companies Act 1985 that such charge has been registered under that section."
6.
Insert rule 185A -
"
Proceedings under the EC Regulation on insolvency proceedings
185A.
- (1) Any relevant person may apply for a note of a judgment opening insolvency proceedings to be entered in the register.
(2) An application under paragraph (1) must be accompanied by such evidence as the Registrar may reasonably require.
(3) Following an application under paragraph (1) if the Registrar is satisfied that the judgment opening insolvency proceedings has been made he may enter a note of the judgment in the register.
(4) In this rule -
"judgment opening insolvency proceedings" means a judgment opening proceedings within the meaning of article 3(1) of the Regulation;
"relevant person" means any person or body authorised under the provisions of article 22 of the Regulation to request or require an entry to be made in the register in respect of the judgment opening insolvency proceedings the subject of the application;
"Regulation" means Council Regulation (EC) No 1346/2000[10]."
7.
In rule 215(2), substitute the words "and shall be accompanied by a statutory declaration which contains a reference to the land to which the caution relates, its title number and which sets out the nature of the cautioner's interest in the land" for the words "and the declaration in support of the caution shall be in Form 14 or to the like effect, and shall contain a reference to the land to which it relates, and to the title number, and shall also state the nature of the cautioner's interest in the land".
8.
In rule 215(3), substitute the words `or a person authorised by the cautioner' for the words `or his solicitor'.
9.
In rule 234, insert the words `or on behalf of' after the words `to be given by'.
10.
In rule 259 -
(a) in the heading, add after the words "Registration of companies" the words "and limited liability partnerships";
(b) after paragraph (3), add the following paragraph -
"
(4) Where application is made for registration of a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 as proprietor of land or of a charge, the application shall state the limited liability partnership's registered number."
SCHEDULE 2Rule 2(2)
AMENDMENTS TO SCHEDULE 2 TO THE PRINCIPAL RULES
1.
Form 14 is revoked.
2.
In the heading of Form 15, in place of "(Heading as in Form 14)" substitute -
"
H.M. LAND REGISTRY
LAND REGISTRATION ACTS 1925 TO 1986".
3.
In Form 69, in place of "(To be signed by the cautioner or his solicitor)" substitute "(To be signed by the cautioner or a person authorised by the cautioner)".
4.
For Form 74 substitute -
"
FORM 74. - Certificate under section 99 of the Act as to a Disposition by the Incumbent of a Benefice. (Rule 234).
(To be endorsed on the instrument presented for registration)
(Date). This is to certify that the within-written (transfer, charge, &c.) is made under the provisions [state the statute or other authority under which it is made] and is authorised thereby, and may be registered.
(To be signed by or on behalf of the Church Commissioners.)".
5.
After Form 113, insert -
"
FORM 114. - Statutory declaration/certificate as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used. (Rule 82A.)
Date of power of attorney
Donor of power of attorney
do solemnly and sincerely declare (or certify) that at the time of completion of the
to me/us/my client/I/we/my client had no knowledge
♦ of a revocation of the power; or
♦ of the death or bankruptcy of the donor or, if the donor is a corporate body, its winding up or dissolution; or
♦ of any incapacity of the donor where the power is not a valid enduring power; or
(where the power is in the form prescribed for an enduring power
♦ of the bankruptcy of the attorney; or
♦ of an order or direction of the Court of Protection which revoked the power; or
♦ that the power was not in fact a valid enduring power); or
(where the power was given under section 9 of the Trusts of Land and Appointment of Trustees Act 1996
♦ of an appointment of another trustee of the land in question; or
♦ of any other event which would have the effect of revoking the power; or
♦ of any lack of good faith on the part of the person(s) who dealt with the attorney;
♦ that the attorney was not a person to whom the functions of the trustees could be delegated under section 9);
(where the power is expressed to be given by way of security
♦ that the power was not in fact given by way of security; or
♦ of any revocation of the power with the consent of the attorney; or
♦ of any other event which would have had the effect of revoking the power.)
Where a certificate is given
Signature of Solicitor/Licensed
Where a Statutory Declaration is made
And I/we make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.
before me, a person entitled to administer oaths.
6.
After Form 114, insert -
"
FORM 115. - Statutory declaration/certificate in support of power delegating trustees' functions to a beneficiary. (Rule 82B.)
Date of power of attorney
Donor of power of attorney
Do solemnly and sincerely declare (or certify) that at the time of completion of the
to me/us/my client/I/we/my client had no knowledge
♦ of any lack of good faith on the part of the person(s) who dealt with the attorney; or
♦ that the attorney was not a person to whom the functions of the trustees could be delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996.
Where a certificate is given
Signature of Solicitor/Licensed
Where a Statutory Declaration is made
And I/we make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.
before me, a person entitled to administer oaths.
SCHEDULE 3Rule 3
AMENDMENTS TO SCHEDULES 1 AND 2 TO THE OPEN REGISTER RULES
1.
For Form 112A in Schedule 1, substitute the form which follows.
2.
After paragraph (h), in Column 1 of Part 1 of Schedule 2, insert -
"
(i) A person authorised by the Secretary of State for the Department of Trade and Industry and holding a rank not below that of senior investigation officer."
3.
In Column 2 of Part 1 of Schedule 2, opposite paragraph (i), insert -
"
Certificate A
Certificate B
Certificate E."
SCHEDULE 4Rule 4
AMENDMENT TO THE SOUVENIR RULES
1.
In rule 5(1), delete the words "Section 123 of the Act of 1925 (which relates to the effect of the Act where registration is compulsory)" and insert instead "Sections 123 and 123A of the Act of 1925 (which relate to compulsory registration)".
EXPLANATORY NOTE
(This note is not part of the rules)
These Rules:
(A) amend the Land Registration Rules 1925 so as to -
(a) remove an obsolete reference to the Land Registry General Map; and
(b) remove the obligation to provide evidence of non-revocation of powers of attorney that are more than 12 months old unless so required by the Registrar and to introduce a standard form of statutory declaration or certificate as evidence of such non-revocation; and
(c) remove the obligation to provide evidence in support of a power delegating trustees' functions to a beneficiary unless required by the Registrar and to introduce a standard form of statutory declaration or certificate as supporting evidence; and
(d) relax the provisions relating to the retention of original documents by the Registry where a copy is retained in an electronic or other non-documentary form; and
(e) allow a caution against dealings and a caution against registration of a possessory or qualified title, as qualified or absolute to be signed by any person authorised by the cautioner (form CT2, which is prescribed by rule 215(3), already provides that the requisite declaration may be given by the cautioner or a person authorised by the cautioner); and
(f) remove the requirement that the certificate required under section 99(1)(i) of the Land Registration Act 1925 be given under seal of the Church Commissioners; and
(g) extend the provisions that require companies to provide details of their registration numbers and a certificate under section 395 of the Companies Act 1985 to limited liability partnerships; and
(h) allow the Registrar, on receipt of a request under article 22 of Council Regulation (EC) No 1346/2000 on insolvency proceedings, to enter a note of a judgment opening insolvency proceedings.
(B) amend the Land Registration (Open Register) Rules 1991 so as to -
(a) extend the provisions allowing specified persons to inspect (and to obtain copies of and extracts from) documents in the custody of the registrar and to make searches in the index of proprietors' names, to include Department of Trade and Industry senior investigators;
(b) remove references to the Drug Trafficking Offences Act 1986[11] and to replace such references with references to the Drug Trafficking Act 1994[12]; and
(c) remove reference to section 17 of the Prevention of Terrorism (Temporary Provisions) Act 1989[13] and to replace such references with references to the Terrorism Act 2000[14].
(C) amend the Land Registration (Souvenir Land) Rules 1972 so that the provisions relating to compulsory first registration introduced by the Land Registration Act 1997[15] do not apply to souvenir land.
Notes:
[1]
1925 c. 21; section 144(1) was amended by the Administration of Justice Act 1982 (c. 53), section 67(1) and Schedule 5, paragraph (d). The reference to the Ministry of Agriculture, Fisheries and Food was substituted by the Transfer of Functions (Ministry of Food) Order 1955 (S.I. 1955/554).back
[2]
Amended by section 5(5)(a) of the Land Registration Act 1986 (c. 26).back
[3]
Substituted by the Land Registration Act 1988 (c. 3), section 1(1) for existing section 112 and sections 112A, 112AA, 112B and 112C.back
[4]
1971 c. 54; section 4(1) was amended by the Land Registration Act 1997 (c. 2), section 4(1) and Schedule 1, paragraph 2.back
[5]
S.R. & O. 1925/1093; relevant amending or revoking instruments S.I. 1986/2116, 1996/2975, 1997/3037, 1999/128, 1999/2097 and 2001/619.back
[6]
S.I. 1992/122.back
[7]
S.I. 1972/985.back
[8]
1996 c. 47.back
[9]
2000, c. 12.back
[10]
OJ No. L160, 30.6.00, p. 1.back
[11]
1986 c. 32. Section 38 was repealed by the Drug Trafficking Act 1994, section 67(1) and Schedule 3.back
[12]
1994 c. 37.back
[13]
1989 c. 4. The Act was repealed by the Terrorism Act 2000, section 125 and Schedule 16.back
[14]
2000 c. 11.back
[15]
1997 c. 2. back
ISBN
0 11 042848 X
|
Prepared
16 October 2002
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