The Land Registration (Charges) Rules 1990

New rule 139

2.  The following rule shall be substituted for rule 139:

“Charges and incorporated documents

139.—(1) In this rule “incorporated document” means any separate document containing provisions intended by the parties to a charge on registered land to form part of the terms and conditions of the charge, which separate document is referred to in the charge, or in another incorporated document within the meaning hereof.

(2) A charge on registered land may be made by an instrument in Form 45 and a copy of the instrument of charge shall be delivered with it.

(3) Where a charge on registered land is not in Form 45 the requirement to deliver a copy of the instrument of charge extends to any incorporated document.

(4) The requirement in paragraph (3) to deliver an incorporated document shall be deemed to have been fulfilled if:

(a)in the case where the incorporated document is in a standard form which the Registrar has approved for the purpose of this paragraph, the charge refers to the incorporated document by means of a description approved by the Registrar;

(b)in the case of an incorporated document of a type approved by the Registrar, an undertaking has previously been given to the Registrar by the proprietor or intending proprietor of a charge (which undertaking has not been withdrawn) to deliver a copy of the terms of any particular incorporated document of that type when the Registrar so directs;

(c)in the case of a particular incorporated document, the Registrar accepts or has accepted an undertaking by the proprietor or intending proprietor of a charge to deliver a copy of the terms of that incorporated document when the Registrar so directs.

(5) Application for the approval of the Registrar for the purposes of paragraph (4) may be made to the Registrar at any time and any approval given by the Registrar under that paragraph may be:

(a)given subject to such conditions as he sees fit;

(b)modified or withdrawn by the Registrar at any time, but, in the case of approval given under paragraph (4) (a), not so as to impose on any person obligation to lodge the incorporated document in any case where the charge has already been registered.

(6) An undertaking given to the Registrar pursuant to paragraph (4) (b) may be withdrawn by the person who has given it upon his delivering to the Registrar notice in writing identifying the relevant undertaking and specifying a date upon which the withdrawal is to be treated as coming into effect (being a date at least 14 days after the date upon which the notice is delivered to the Registrar) and thereupon the person who has given the undertaking shall be treated as having been discharged from it but only in respect of incorporated documents of the type to which the undertaking relates which are incorporated into charges lodged for registration after the date specified in the notice.

(7) In relation to any particular incorporated document a person who has given an undertaking pursuant to paragraph (4) (b) or paragraph (4) (c) or has already given an undertaking pursuant to sub-paragraph (b) of this paragraph shall be discharged from that undertaking:

(a)upon his delivering to the Registrar a copy of the terms of the incorporated document; or

(b)where some other person who the Registrar is satisfied is competent to do so gives an undertaking in the same terms in substitution for it; or

(c)where the charge which incorporates the incorporated document has been wholly discharged.

(8) In relation to any particular incorporated document any person who has, pursuant to paragraph (4) (b), paragraph (4) (c) or paragraph (7) (b), given an undertaking which has not been withdrawn under paragraph (6) or in respect of which the person has not been discharged under paragraph (7), shall comply with it by delivering to the Registrar a copy of the terms of the incorporated document when directed by the Registrar.”