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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Land Registration (Amendment) Rules 2018 No. 70 URL: http://www.bailii.org/uk/legis/num_reg/2018/uksi_201870_en_1.html |
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Statutory Instruments
Land Registration, England And Wales
Made
22nd January 2018
Laid before Parliament
23rd January 2018
Coming into operation
6th April 2018
The Secretary of State makes the following Rules in exercise of the powers conferred by sections 14(a) and (b), 16(2), 18(4), 25, 27(6), 36(3), 43(2)(d), 45(2), 48(2)(b), 60(3), 66(2), 67(3), 69(2), 70, 73(4), 75(2), 76(2), 91(2) and (3)(d), 100(3), 126, 127(1) and 128(1), (2) and (4)(a)(1) of, and paragraph 7 of Schedule 4, paragraph 5 of Schedule 5, paragraph 3(2) of Schedule 6, and paragraphs 5, 6(a), (b), (c) and (d) and 8 of Schedule 10 to, the Land Registration Act 2002(2), and now vested in him(3).
In accordance with section 127(4) of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section.
1. These Rules may be cited as the Land Registration (Amendment) Rules 2018 and shall come into force on 6th April 2018.
2. In these Rules-
(1) "the principal Rules" means the Land Registration Rules 2003(5), and a reference to a rule by number is a reference to the rule so numbered in the principal Rules unless otherwise stated,
(2) "the Act" means the Land Registration Act 2002.
3. Parts 2 to 10 and 13 to 16 of the principal Rules are amended as set out in Schedule 1.
4. Schedules 1, 2, 4, 5, 6 and 9 to the principal Rules are amended as set out in Parts 1 to 6 of Schedule 2.
5. The Land Registration (Proper Office) Order 2013(6) is revoked.
6. The Land Registration (Electronic Conveyancing) Rules 2008(7), except for the amendments to the principal Rules in Part 1 of Schedule 2, are revoked.
7.-(1) The Secretary of State must from time to time-
(a)carry out a review of the regulatory provision contained in rules 3 and 4 of these Rules, and
(b)publish a report setting out the conclusions of the review.
(2) The first report must be published before 6th April 2023.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(8) requires that a report published under this rule must, in particular-
(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),
(b)assess the extent to which those objectives are achieved,
(c)assess whether those objectives remain appropriate, and
(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this rule "regulatory provision" has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Henley
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy
22nd January 2018
Rule 3
1. In rule 12(4), after "include" add "an application made under rule 11(3),".
2. Before rule 13 insert-
A13. This Part does not apply to applications for a network access agreement under paragraph 1(4) of Schedule 5 to the Act."
3. For rule 13(2)(c) substitute "an application to register an electronic disposition of a kind for which a registrar's notice has been given under rule 54C."
4. In rule 14, omit "(other than an outline application under rule 54)".
5. In rule 15(3)(a) after "or" add ", if no such order subsists, to the registrar under the provisions of any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of applications, or".
6. For "business" substitute "working" wherever it appears in the following rules: 16(1), 31(2), 53(1), (3) and (4), 55(4), 86(3), (5) and (6), 92(9), 119(3), 189, 197(2), 201(5), 202(3) and (8), and 218 (definition of "the notice period").
7. In rule 19(3)-
(1) At the end of paragraph (b) for ", or" substitute a full stop.
(2) Omit paragraph (c).
8. In rule 19(4) after the first "electronic address" omit "and the fax number", and after the second "electronic address" omit "or fax number".
9. At the end of rule 19(6) add ", or, if no such order subsists, the address stated in any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of objections."
10. Omit rule 54.
11. Before rule 55 insert-
54A. A disposition of a registered estate or charge which is a registrable disposition is a disposition falling within section 91(2) of the Act (electronic dispositions).
54B. The following are conditions to be met for the purpose of section 91(3)(d) of the Act-
(a)the document purports to effect a kind of disposition which is specified in a notice given under rule 54C,
(b)the document, each electronic signature which the document has and the certification of each electronic signature are in accordance with any requirements in such a notice, and,
(c)such other conditions contained in the notice given under rule 54C as are appropriate to a document of that type.
54C.-(1) If the registrar is satisfied that adequate arrangements have been made or will be in place for dealing with documents in electronic form that purport to effect a disposition of a kind falling within rule 54A, he may, in such manner as he thinks appropriate, give notice publicising the fact.
(2) Subject to paragraphs (3), (4) and (5), a notice given under paragraph (1) will 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.
(3) Subject to paragraph (6), a notice given under paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
(4) Subject to paragraph (6), if and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements referred to in paragraph (1), such arrangements cease, in whole or part, to be effective, the notice shall cease, to the necessary extent, to be treated as current.
(5) Paragraph (4) will apply despite the absence of a variation, suspension or withdrawal of the notice under paragraph (3).
(6) On the occurrence of any of the events mentioned in paragraphs (3) and (4), if a document in electronic form has been prepared and has taken effect, but the disposition effected by it has not been registered, the registrar must make such arrangements as are appropriate for that disposition to be registered.
54D. The notice referred to in rule 54C-
(a)must specify the kind of dispositions to which it relates, and may specify only one kind of disposition or more than one kind of disposition referred to in rule 54A,
(b)may make exceptions and limitations to a specified kind of disposition,
(c)may apply different conditions for each specified kind of disposition."
12. At the end of rule 58 add "unless it is effected by an electronic document to which section 91 of the Act applies."
13. In rule 58A, after paragraph (4) add-
"(5) If a prescribed clauses lease is an electronic document to which section 91 of the Act applies, the required wording will be such of the wording in clauses LR1 to LR14 of Schedule 1A, and in such order, as is required by the notice given under rule 54C.
(6) Where the required wording is provided under paragraph (5) it must be to like effect to that which would have been provided had the wording been given in paper form."
14. After rule 81(2) add-
"(3) Paragraph (1)(b) does not apply to an application for the entry in the register of an agreed notice in relation to an electronic disposition stored by the registrar, provided that the applicant gives sufficient details of the document effecting the disposition to enable the registrar to identify it."
15. At the end of rule 90 add "or Form AN1".
16. In rule 92(7)-
(1) In paragraph (b) omit "or in an electronic legal charge".
(2) At the end of paragraph (e) add ", or".
(3) After paragraph (e) add-
"(f)in an electronic document to which section 91 of the Act applies where the form of the document (including the application for the restriction) has first been approved by the registrar."
17. In rule 93-
(1) In paragraph (y) omit the final "and".
(2) In paragraph (z) for the full stop substitute a comma.
(3) After paragraph (z) add-
"(aa)a deputy appointed under section 16 of the Mental Capacity Act 2005 with general authority over the property and affairs of a registered proprietor, who is applying for a restriction in Form RR, and
(bb)a trustee of a registered estate or registered charge that requires the consent of the Court of Protection to any disposition, who is applying for a restriction in Form SS."
18. In rule 108(3) omit "in an electronic legal charge".
19. Omit rule 111A.
20. In rule 131, for the definition of "priority period" substitute-
""priority period" means the period beginning at the time when an application for an official search is entered on the day list and ending at midnight marking the end of the thirtieth working day thereafter."
21. In rule 133-
(1) In paragraph (1) after "documents" insert ", or of any part of them,".
(2) In paragraph (2) after "documents" insert ", and any part of them,".
(3) After paragraph (10) add-
"(11) A person may apply to inspect and make copies of part of an individual register of title or part of a document only during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice."
22.-(1) In the heading to rule 134, after "registered title" insert "or of any part of it".
(2) After paragraph (7) add-
"(8) A person may apply for an official copy of part of an individual register only during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.
(9) The registrar must provide the official copy of part of the individual register in the manner specified in the relevant notice."
23.-(1) At the end of the heading to rule 135, add "or part of them".
(2) In paragraph (2) after "documents" insert ", and any part of them,".
(3) After paragraph (4) add-
"(5) A person may apply for an official copy of part of a document only during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.
(6) The registrar must provide the official copy of part of a document in the manner specified in the relevant notice."
24.-(1) For the italic heading and heading before rule 140 substitute-
"Inspection, official copies and searches of the index of proprietors' names in connection with investigation or enforcement proceedings
(2) For rule 140(1) substitute-
"(1) In this rule-
"qualifying applicant" means a person whom the registrar is satisfied has a statutory power to carry out investigations, or institute enforcement proceedings, or both (for example, but not limited to, a person referred to in Schedule 5),
"appropriate certificate" means the certificate set out in Form CIT relating to the statutory powers of the qualifying applicant,
"Form CIT" means the form published from time to time by the registrar under section 100(4) of the Act containing the appropriate certificates for applications made under this rule."
(3) After rule 140(1) insert-
"(1A) For any application made under this rule, a qualifying applicant must give the registrar the appropriate certificate, or, where rule 132 applies, an equivalent certificate in accordance with a notice given under Schedule 2.
(1B) Where the registrar is satisfied that a person is a qualifying applicant, he must ensure that Form CIT contains an appropriate certificate for that person."
(4) Omit paragraph 140(5).
25. In rule 141-
(1) For paragraph (1) substitute-
"(1) In this rule-
(a)"day list information" means information kept by the registrar under rule 12,
(b)"historic day list information" means information that was but is no longer on the day list kept by the registrar under rule 12."
(2) After paragraph (5) add-
"(6) A person may apply for historic day list information only during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.
(7) The registrar must provide the historic day list information in the manner specified in the relevant notice."
26.-(1) In the heading before rule 144-
(a)after "Application for" omit "an",
(b)for "edition of" substitute "information about".
(2) In rule 144(1)-
(a)at the end of paragraph (a) omit "or",
(b)at the end of paragraph (b) add "or",
(c)after paragraph (b) insert-
"(c)subject to paragraphs (5) and (6), information that was but is no longer on the register,".
(3) After paragraph (4) add-
"(5) A person may apply for historical information under paragraph (1)(c) only during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.
(6) The registrar must provide the historical information referred to in paragraph (5) in the manner specified in the relevant notice."
27. In rule 162(1)(a), for "Justice" substitute "Estates".
28. In rule 163-
(1) In paragraph (2)(a), for "Justice" substitute "Estates", and for "transferor" substitute "applicant".
(2) In paragraph (2)(b), for "transferor" substitute "applicant".
29. In rule 199-
(1) In paragraph (1)(e), after the comma add "or".
(2) Omit paragraph (1)(f).
(3) Omit paragraph (3).
(4) In the table in paragraph (4) omit-
| Fax | The working day after transmission |
30.-(1) In the heading before rule 203 for "on completion of" substitute "accompanying".
(2) For rule 203 substitute-
"(1) The registrar may retain all or any of the documents that accompanied any application.
(2) The registrar may destroy any document retained under paragraph (1) if he is satisfied that either-
(a)he has made and retained a sufficient copy of the document, or
(b)further retention of the document is unnecessary."
31. Omit rule 204.
32. In rule 205 omit "or to which rule 204 applies".
33. In rule 206, at the end of rule (4) add ", or given under rule 54C."
34. In rule 214-
(1) Omit sub-paragraphs (b) and (c) of paragraph (2).
(2) In paragraph (3) omit "also".
35. For rule 216 and the italic heading and heading before it, substitute-
"Land Registry – when open for business
216.-(1) Subject to paragraph (2), the land registry shall be open for business daily except on-
(a)Saturdays, Sundays, Christmas Day and Good Friday, or
(b)any other day-
(i)specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971,
(ii)appointed by the Secretary of State, or
(iii)certified as an interrupted day under paragraph (5).
(2) If the registrar is satisfied that adequate arrangements have been made or will be in place for opening the land registry for business on any or all of the days referred to in sub-paragraphs (a) and (b) of paragraph (1), he may, in such manner as he considers appropriate, give notice to that effect.
(3) On and after the date specified in any notice given pursuant to paragraph (2), paragraph (1) shall have effect as though the relevant day or days referred to in sub-paragraphs (a) or (b), as specified in the notice, had been omitted.
(4) The date specified in any notice referred to in paragraph (3) must be at least eight weeks after the date of the notice.
(5) The registrar may certify any day as an interrupted day if he is satisfied that on that day there is likely to be-
(a)a general delay in, or failure of, a communication service in England and Wales, or
(b)any other event or circumstance,
causing a substantial interruption in the normal operation of the land registry.
(6) The registrar must give notice of any certification under paragraph (5) in such manner as he considers appropriate.
(7) Any certification under paragraph (5) must take place before the start of the day being certified.
(8) In this rule, "communication service" means a service by which documents may be sent and delivered and includes a post service, a document exchange service and electronic communications.
(9) The registrar may make such arrangements as he sees fit for personal attendance by members of the public for the purpose of land registry business on any business day or days, and such attendance may be-
(a)by appointment only,
(b)limited to specified times,
(c)at a specified office or offices of the land registry or any other specified location, and
(d)limited to specified services,
and the registrar shall in such manner as he considers appropriate give notice to that effect."
36.-(1) In rule 217(1)-
(a)for the definition of "business day" substitute " "business day" means a day when the land registry is open for business under rule 216,"
(b)omit "electronic legal charge" and its definition.
(2) In paragraph (3), for "QQ" substitute "SS".
Rule 4
1. In Schedule 1 to the principal Rules-
(1) Omit Form CIT.
(2) In Form CN1, in the seventh option listed in Panel 9 ("notice under the Local Government and Housing Act 1989") omit "not".
(3) In Form ST3, for Panel 11 and its side notes substitute-
2. In paragraph 2 of Schedule 2 to the principal Rules, omit sub-paragraph (b).
3. In Schedule 4 to the principal Rules-
(1) For Forms W and X, substitute-
No disposition (except a transfer) of a qualifying dwelling-house (except to a qualifying person or persons) is to be registered without the consent of-
(a)in relation to a disposal of land in England, the Secretary of State, or
(b)in relation to a disposal of land in Wales, the Welsh Ministers,
where consent to that disposition is required by section 171D(2) of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993.
No disposition by the proprietor of the registered estate or in exercise of the power of sale or leasing in any registered charge (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of-
(a)in relation to a disposal of land in England, the Secretary of State, and
(b)in relation to a disposal of land in Wales, the Welsh Ministers,
where consent to that disposition is required by [as appropriate [section 81 of that Act] or [section 133 of that Act] or [section 173 of the Local Government and Housing Act 1989]]."
(2) After the end of Form QQ add-
No disposition during the lifetime of [name of person who lacks capacity] of the [registered estate] [registered charge dated [date]] is to be completed by registration unless made pursuant to an order of the court under the Mental Capacity Act 2005.
No disposition of the [registered estate] [registered charge dated [date]] made during the lifetime of [name of person who lacks capacity] is to be completed by registration without the written consent of the Court of Protection."
4. For Schedule 5 to the principal Rules and its heading and italic heading substitute-
Status of applicant
An accredited financial investigator falling within section 378(1)(b) of the Proceeds of Crime Act 2002
An accredited financial investigator falling within section 378(4)(a) of the Proceeds of Crime Act 2002
An Administrator appointed for the purposes of the Insolvency Act 1986
An Administrator appointed under section 13 of the Criminal Justice (Scotland) Act 1987
An authorised person within the meaning of section 108(15) of the Environment Act 1995
A Chief Officer of Police or a police officer authorised to apply on behalf of a Chief Officer
A person authorised to apply by the Commissioners for Her Majesty's Revenue and Customs and having the consent of the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal, to make the application
A constable
The Director of Public Prosecutions or a member of the Crown Prosecution Service authorised to apply on behalf of the Directo
The Director of the Serious Fraud Office or a member of the Serious Fraud Office authorised to apply on behalf of the Director
The Director General of the National Crime Agency or a National Crime Agency officer authorised to apply on behalf of the Director General
The Director-General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director-General
A Head of Department in the Enforcement and Financial Crime Division of the Financial Conduct Authority or a member of staff of the Financial Conduct Authority authorised to apply on behalf of a Head of Department
The Head of Regulatory Action in the Prudential Regulation Authority or a member of staff of the Prudential Regulation Authority authorised to apply on behalf of the Head of Regulatory Action
A Liquidator appointed for the purposes of the Insolvency Act 1986
The Lord Advocate or a person conducting a prosecution in Scotland on behalf of the Lord Advocate
An officer of Revenue and Customs
The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland
An Official Receiver for the purposes of the Insolvency Act 1986
A Receiver appointed under the Criminal Justice Act 1988, the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002
The Scottish Ministers or a person named by them
A person authorised by the Secretary of State for Business, Energy and Industrial Strategy
A person authorised by the Secretary of State for Work and Pensions
A person authorised to apply on behalf of the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority)
A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor's estate in Scotland
A person authorised to apply on behalf of a Fire Authority in England and Wales
A person authorised to apply on behalf of the Charity Commission"
5. In Part 3 of Schedule 6 to the principal Rules (Information to be included in the result of an official search of an individual register of a registered title), for "end" in paragraph F substitute "beginning".
6. In Schedule 9 to the principal Rules for paragraph E substitute-
"
"
(This note is not part of the Rules)
These Rules further amend the Land Registration Rules 2003 (S.I. 2003/1417) (the principal Rules), which make detailed provision for land registration in England and Wales under powers contained in the Land Registration Act 2002 (c.9) (the Act). They amend the principal rules as set out in rules 3 to 6 and Schedules 1 and 2 of these Rules. In particular they-
(a)insert new rules to allow for all dispositions of registered land that must be registered to be carried out using electronic documents with electronic signatures, once the registrar is satisfied adequate arrangements are in place and publishes a notice to that effect;
(b)provide that the notice referred to in (a) must specify the kind or kinds of disposition that can be carried out electronically (for example a transfer), and may limit them to particular types of that kind of disposition (for example a transfer of all the land in a registered title), as services are developed incrementally;
(c)revoke the Land Registration (Electronic Conveyancing) Rules 2008, other than the amendments made to the principal Rules by Part 1 of Schedule 2, and make consequential amendments to the principal Rules;
(d)allow for inspection and copies of parts of individual registers of title, and parts of documents held by the registrar, as online services;
(e)allow for new online historical information services;
(f)amend rules about the retention and return of documents by the registrar and revoke those that are superfluous;
(g)remove references to the service of notices by the registrar, and objections to applications to the registrar, by fax;
(h)clarify the definitions of "working day" and "business day";
(i)allow the registrar to vary arrangements for personal attendance at a land registry office by publication of a notice;
(j)add two new standard form restrictions;
(k)ease application requirements for certain types of application;
(l)allow more flexibility in changing the form used by organisations with statutory powers of investigation and enforcement, who need confidential access to land registry information, and the certificates that must be given by them;
(m)update provisions for execution of deeds by overseas companies to reflect the combined effect of sections 43, 44 and 46 of the Companies Act 2006 and regulation 4 of the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009;
(n)revoke the Land Registration (Proper Office) Order 2013 and make consequential amendments to the principal Rules;
(o)revoke rule 54 relating to outline applications;
(p)correct clerical errors.
An Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from: Policy and Stakeholder Team, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ.
See section 132(1) for the definition of land registration rules.
By article 3(1) of, and paragraph 3 of Schedule 1 to, the Transfer of Functions (Her Majesty's Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 (SI 2011/2436) the functions of the Lord Chancellor under the Land Registration Act 2002 (with three exclusions) were transferred to the Secretary of State. None of the exclusions are relevant.
Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302, and by the Infrastructure Act 2015 (c.7), section 36 and 57(5)(e).
S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 2005/1982, 2006/594, 2008/574, 2008/1750, 2008/1919, 2009/56, 2009/1996, 2009/2748. 2012/2421, 2013/472, 2013/2318, 2014/834, 2014/2371, 2016/992, 2017/80.
