The Land Registration (Amendment) (No 2) Rules 2005 No. 1982

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STATUTORY INSTRUMENTS

2005 No. 1982
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration (Amendment) (No 2) Rules 2005

	Made	18th July 2005
	Laid before Parliament	20th July 2005
	Coming into force in accordance with rule 2

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 2002[1], in exercise of the powers conferred on him by sections 1(2), 25(1), 34(2), 70, 126, 127(1) and 128 of, and paragraphs 6 and 8 of Schedule 10 to, that Act and section 32 of, and paragraph 4(4) of Schedule 4 to, the Family Law Act 1996[2], hereby makes the following rules:

PART 1
PRELIMINARY
Citation
     1. These rules may be cited as the Land Registration (Amendment) (No 2) Rules 2005.

Commencement
     2. —(1) This Part shall come into force on the day that paragraph 2 of Schedule 9 to the Civil Partnership Act 2004[3] comes into force or on 9 January 2006, whichever shall first occur.

    (2) Part 2 and Schedule 1 shall come into force on 9 January 2006.

    (3) Parts 3, 4 and 5 and Schedules 2 and 3 shall come into force on the day that paragraph 2 of Schedule 9 to the Civil Partnership Act 2004 comes into force.

Interpretation
     3. In these rules "the principal rules" means the Land Registration Rules 2003[4] and in the following rules, unless otherwise stated, a reference to a rule by number is a reference to the rule so numbered in the principal rules.

PART 2
AMENDMENTS RELATING TO CERTAIN LEASES
Amendment to rule 6(2)
     4. At the beginning of rule 6(2) there shall be inserted "Subject to rule 72A(3),".

New rule 58A
     5. After rule 58, the following rule shall be inserted—

" Form and content of prescribed clauses leases

58A.

—(1) Subject to paragraph (3), a prescribed clauses lease must begin with the required wording or that wording must appear immediately after any front sheet.

    (2) Subject to paragraph (3), where a person applies for completion of a lease by registration and claims that the lease is not a prescribed clauses lease because the lease falls within (c) or (d) of the definition of prescribed clauses lease in paragraph (4), he must lodge with his application a certificate by a conveyancer to that effect or other evidence to satisfy the registrar as to his claim.

    (3) If it appears to the registrar that a lease is not a prescribed clauses lease, then paragraph (1) and, so far as appropriate, paragraph (2) and rule 72A(3) shall not apply to that lease.

    (4) In this rule—

"front sheet" means a front cover sheet, or a contents sheet if it is at the lease's beginning, or a front cover sheet and contents sheet where the contents sheet is immediately after the front cover sheet, and a "contents sheet" means a contents sheet or index sheet (in each case, however described) or both,

"prescribed clauses lease" means a lease which—

(d) is not a lease by virtue of a variation of a lease which is a deemed surrender and re-grant, and

"required wording" means the wording in clauses LR1 to LR14 of Schedule 1A completed in accordance with the instructions in that Schedule and as appropriate for the particular lease.".

New rule 72A
6. After rule 72, the following rule shall be inserted—

" Register entries arising in respect of leases within section 27(2)(b) of the Act granted on or after 19 June 2006

72A.

—(1) This rule applies to leases within section 27(2)(b) of the Act granted on or after 19 June 2006.

    (2) Subject to paragraphs (3), (4) and (6), on completion of the lease by registration the registrar must (where appropriate) make entries in the relevant individual register in respect of interests contained in that lease which are of the nature referred to in clauses LR9, LR10, LR11 or LR12.

    (3) Subject to rule 58A(3), where the lease is a prescribed clauses lease and contains a prohibition or restriction on disposal of the nature referred to in clause LR8 or contains interests of the nature referred to in clauses LR9, LR10, LR11 or LR12, but the prohibition or restriction or interests are not specified or referred to in those clauses or the lease does not contain the required wording in relation to them, then the registrar need take no action in respect of them unless separate application is made.

    (4) The registrar need make no entries in individual registers in respect of interests of the nature referred to in clauses LR9, LR10 or LR11 or a restriction set out in clause LR13 where—

unless separate application is made in respect of the interests or restriction.

    (5) Where a separate application required by paragraphs (3) or (4) is made in Form AP1 and is in respect of either a prohibition or restriction on disposal of the lease or the grant or reservation of an easement, the Form AP1 must specify the particular clause, schedule or paragraph of a schedule where the prohibition or restriction or easement is contained in the lease.

    (6) The requirement under paragraph (2) to make an entry in respect of an interest of the nature referred to in clause LR12 is satisfied by entry (where appropriate) of notice of the interest created.

    (7) In this rule—

Amendments to rule 92
7. —(1) There shall be deleted at the end of rule 92(7)(b) the word "or" and there shall be inserted at the end of rule 92(7)(c) a comma followed by the word "or" in place of the full stop and immediately after that sub-paragraph the following sub-paragraph—

(2) There shall be substituted for paragraph (10), the following paragraph—

" (10) In this rule—

"approved charge" means a charge the form of which (including the application for the restriction) has first been approved by the registrar, and

"relevant lease" means—

New Schedule 1A to the principal rules
8. There shall be inserted after Schedule 1 to the principal rules, the schedule set out in Schedule 1 to these rules.

PART 3
SUBSTITUTED FORM AP1
Substituted Form AP1 in Schedule 1 to the principal rules
     9. There shall be substituted for Form AP1 in Schedule 1 to the principal rules, Form AP1 in Schedule 2 to these rules.

PART 4
AMENDMENTS RELATING TO THE CIVIL PARTNERSHIP ACT 2004
Amendment to rule 80
     10. In rule 80(a), the word "matrimonial" shall be deleted.

Amendment to rule 81
     11. In rule 81(2), the word "matrimonial" shall be deleted.

Amendments to rule 82
     12. —(1) In the heading to rule 82, the word "matrimonial" shall be deleted.

    (2) In rule 82(1), for "Form MH1" there shall be substituted "Form HR1".

    (3) In rule 82(2), the word "matrimonial" where it first occurs shall be deleted, and for "Form MH2" there shall be substituted "Form HR2".

    (4) In rule 82(3), for "Form MH1" there shall be substituted "Form HR1", and for "Form MH2" there shall be substituted "Form HR2".

Amendments to rule 87
     13. In the heading to rule 87 and in rule 87(1), the word "matrimonial" shall be deleted.

Amendment to rule 158
     14. In rule 158(2), for "Form MH3" there shall be substituted "Form HR3".

Amendments to rule 160
     15. —(1) In rule 160(a), the word "matrimonial" where it first occurs shall be deleted.

    (2) In rule 160(b), the word "matrimonial" shall be deleted.

Amendments to rule 217
     16. In rule 217(1)—

" "home rights notice" means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996[

Amendments to Schedule 1 to the principal rules
17. In Schedule 1 to the principal rules—

(a) for Form AN1 there shall be substituted Form AN1 in Schedule 3 to these rules,

(b) after Form HC1 there shall be inserted Forms HR1, HR2 and HR3 in Schedule 3 to these rules,

(c) Forms MH1, MH2 and MH3 shall be deleted, and

(d) for Form UN1 there shall be substituted Form UN1 in Schedule 3 to these rules.

Amendments to Schedule 6 to the principal rules
18. In paragraphs E and F of Part 5 of Schedule 6 to the principal rules, for "matrimonial home rights notice" there shall be substituted "home rights notice".

PART 5
USE OF REPLACED FORMS
Use of replaced forms
19. —(1) Notwithstanding rules 9 and 17 of these rules, for the period of three months beginning with the day on which this Part comes into force, Forms AN1, AP1, MH1, MH2, MH3 and UN1 as originally prescribed under the principal rules may be used respectively in place of Forms AN1, AP1, HR1, HR2, HR3 and UN1 as prescribed by these rules, unless in the case of Form MH1 the application is in respect of rights arising under a civil partnership.

(2) Where Form MH3 is used in accordance with paragraph (1), the references in panel 9 to a matrimonial home rights notice shall be interpreted as references to a home rights notice.

Signed by authority of the Lord Chancellor

Cathy Ashton
Parliamentary Under Secretary of State, Department for Constitutional Affairs

18th July 2005

SCHEDULE 1rule 8

NEW SCHEDULE 1A TO THE PRINCIPAL RULES

“SCHEDULE 1Arule 58A

• All words in italicised text and inapplicable alternative wording in a clause may be omitted or deleted.

• Clause LR13 may be omitted or deleted.

• Clause LR14 may be omitted or deleted where the Tenant is one person.

• Otherwise, do not omit or delete any words in bold text unless italicised.

• Side-headings may appear as headings if this is preferred.

• Vertical or horizontal lines, or both, may be omitted.

LR1. Date of lease
LR2. Title number(s)	LR2.1 Landlord's title number(s) Title number(s) out of which this lease is granted. Leave blank if not registered. LR2.2 Other title numbers Existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made.
LR3. Parties to this lease Give full names, addresses and company's registered number, if any, of each of the parties. For Scottish companies use a SC prefix and for limited liability partnerships use an OC prefix. For foreign companies give territory in which incorporated.	Landlord Tenant *Other parties* Specify capacity of each party, for example "management company", "guarantor", etc.
LR4. Property Insert a full description of the land being leased or Refer to the clause, schedule or paragraph of a schedule in this lease in which the land being leased is more fully described. Where there is a letting of part of a registered title, a plan must be attached to this lease and any floor levels must be specified.	In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail.
LR5. Prescribed statements etc. If this lease includes a statement falling within LR5.1, insert under that sub-clause the relevant statement or refer to the clause, schedule or paragraph of a schedule in this lease which contains the statement. In LR5.2, omit or delete those Acts which do not apply to this lease.	LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003. *LR5.2* *This lease is made under, or by reference to, provisions of:* Leasehold Reform Act 1967 Housing Act 1985 Housing Act 1988 Housing Act 1996
LR6. Term for which the Property is leased Include only the appropriate statement (duly completed) from the three options. NOTE: The information you provide, or refer to, here will be used as part of the particulars to identify the lease under rule 6 of the Land Registration Rules 2003.	From and including To and including OR The term as specified in this lease at clause/schedule/paragraph OR The term is as follows:
LR7. Premium Specify the total premium, inclusive of any VAT where payable.
LR8. Prohibitions or restrictions on disposing of this lease Include whichever of the two statements is appropriate. Do not set out here the wording of the provision.	This lease does not contain a provision that prohibits or restricts dispositions. OR This lease contains a provision that prohibits or restricts dispositions.
LR9. Rights of acquisition etc. Insert the relevant provisions in the sub-clauses or refer to the clause, schedule or paragraph of a schedule in this lease which contains the provisions.	LR9.1 Tenant's contractual rights to renew this lease, to acquire the reversion or another lease of the Property, or to acquire an interest in other land LR9.2 Tenant's covenant to (or offer to) surrender this lease LR9.3 Landlord's contractual rights to acquire this lease
LR10. Restrictive covenants given in this lease by the Landlord in respect of land other than the Property Insert the relevant provisions or refer to the clause, schedule or paragraph of a schedule in this lease which contains the provisions.
LR11. Easements Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the easements.	LR11.1 Easements granted by this lease for the benefit of the Property LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property
LR12. Estate rentcharge burdening the Property Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the rentcharge.
LR13. Application for standard form of restriction Set out the full text of the standard form of restriction and the title against which it is to be entered. If you wish to apply for more than one standard form of restriction use this clause to apply for each of them, tell us who is applying against which title and set out the full text of the restriction you are applying for. Standard forms of restriction are set out in Schedule 4 to the Land Registration Rules 2003.	The Parties to this lease apply to enter the following standard form of restriction [against the title of the Property] or [against title number ]
LR14. Declaration of trust where there is more than one person comprising the Tenant If the Tenant is one person, omit or delete all the alternative statements. If the Tenant is more than one person, complete this clause by omitting or deleting all inapplicable alternative statements.	The Tenant is more than one person. They are to hold the Property on trust for themselves as joint tenants. OR The Tenant is more than one person. They are to hold the Property on trust for themselves as tenants in common in equal shares. OR The Tenant is more than one person. They are to hold the Property on trust Complete as necessary

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Land Registration Rules 2003 (the principal rules).

As amended by rules 5 and 8, the principal rules prescribe that part of the contents (and its form) which must be contained in all prescribed clauses leases, subject to an exception in new rule 58A(3) of the principal rules (inserted by rule 5 of these Rules). A prescribed clauses lease is, by virtue of the definition of that term in new rule 58A(4), a lease for a term of years absolute, granted on or after 19 June 2006 out of a registered estate in land, which is required to be completed by registration, subject to the exceptions contained in (c) and (d) of the definition.

Rule 6 inserts new rule 72A into the principal rules. Rule 72A provides for the entries which the registrar must make in respect of interests contained in a lease created on or after 19 June 2006 which is being completed by registration under section 27(2)(b) of the Land Registration Act 2002.

Paragraphs (3) and (4) of new rule 72A provide for circumstances where the registrar need not make an entry and rule 4 of these Rules amends rule 6 of the principal rules so that if the registrar applies rule 72A(3) and does not make an entry in respect of a prohibition or restriction on disposal of the lease that is being completed by registration this will not conflict with his duty to make such an entry under rule 6.

Rule 7 inserts a new rule 92(7)(d) into the principal rules to provide that where an application for a standard form of restriction is set out in clause LR13 of a relevant lease (defined in substituted rule 92(10) to include a prescribed clauses lease), Form RX1 (the usual application form for a restriction) is not required.

Rule 9 substitutes a new application form, Form AP1, for the existing form in Schedule 1 to the principal rules.

Part 4 amends the principal rules to take account of the Civil Partnership Act 2004. It replaces references to "matrimonial home rights notice" with references to "home rights notice", and replaces the existing Forms MH1, MH2 and MH3 with new Forms HR1, HR2 and HR3. It also substitutes new Forms AN1 and UN1 to make consequential amendments and to follow the layout of the revised Form AP1.

Part 5 provides, subject to an exception, for forms replaced by these rules to be used for a transitional period.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Land Registry, 32 Lincoln's Inn Fields, London WC2A 3PH.

Notes:

[1] 2002 c. 9.back

[2] 1996 c. 27.back

[3] 2004 c. 33.back

[4] S.I. 2003/1417; no relevant amending instruments.back

[5] 1996 c. 27.back

[6] 1983 c. 19.back

[7] 1967 c. 75.back

ISBN 0 11 073100 X

Prepared 25 July 2005

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	United Kingdom Statutory Instruments
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