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The Land Registration Rules 2003

Status:

This is the original version (as it was originally made).

Forms

Use of forms

206.—(1) Subject to paragraph (4) and to rules 208 and 209, the Schedule 1 forms must be used where required by these rules and must be prepared in accordance with the requirements of rules 210 and 211.

(2) Subject to paragraph (4) and to rules 208 and 209, except where these rules require the use of a Schedule 1 form, the Schedule 3 forms must be used in all matters to which they refer, or are capable of being applied or adapted, with such alterations and additions as are desired and the registrar allows.

(3) Subject to rule 208(2), the forms of execution in Schedule 9 must be used in the execution of dispositions in the scheduled forms in the cases for which they are provided, or are capable of being applied or adapted, with such alterations and additions, if any, as the registrar may allow.

(4) A requirement in these rules to use a scheduled form is subject, where appropriate, to the provisions in these rules relating to the making of applications and issuing results of applications other than in paper form, during the currency of a notice given under Schedule 2.

Adaptation of certain Schedule 1 forms to provide for direct debit

207.—(1) This rule applies where—

(a)a Schedule 1 form has a payment of fee panel which does not provide for payment by direct debit, and

(b)a fee order made under section 102 of the Act and sections 2 and 3 of the Public Offices Fees Act 1879(1) permits, where there is an agreement with the registrar, payment by direct debit of the fee for the matter in respect of which that form is prescribed, and

(c)the registrar intends to enter into an agreement under the fee order which will enable a person to pay that fee by direct debit.

(2) Where paragraph (1) applies the registrar may amend the payment of fee panel of the affected form to include provision for payment by direct debit and make any consequential amendments to the form.

(3) Where a form has been amended under paragraph (2) a person not paying by direct debit may use the form as amended or as unamended.

Welsh language forms

208.—(1) Where the registrar, in exercise of his powers under section 100(4) of the Act, publishes an instrument as the Welsh language version of a scheduled form, the instrument shall be regarded as being in the scheduled form.

(2) In place of the form of execution provided by Schedule 9, an instrument referred to in paragraph (1) may be executed using a form of execution approved by the registrar as the Welsh language version of the Schedule 9 form.

(3) An instrument containing a statement approved by the registrar as the Welsh language version of a statement prescribed by these rules shall be regarded as containing the prescribed statement.

(4) An instrument containing a provision approved by the registrar as the Welsh language version of a provision prescribed by these rules shall be regarded as containing the prescribed provision.

Use of non-prescribed forms

209.—(1) This rule applies where—

(a)an application should be accompanied by a scheduled form and a person wishes to make an application relying instead upon an alternative document that is not the relevant scheduled form, and

(b)it is not possible for that person to obtain and lodge the relevant scheduled form (duly executed, if appropriate) at the land registry or it is only possible to do so at unreasonable expense.

(2) Such a person may make a request to the registrar, either before or at the time of making the application which should be accompanied by the relevant scheduled form, that he be permitted to rely upon the alternative document.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b) and include the original, or, if the request is made before the application, a copy, of the alternative document.

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by allowing the alternative document to be relied upon instead of the relevant scheduled form, he may permit such reliance.

(5) If the registrar allows the request it may be on condition that the person making the request provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar’s powers under the Act.

Documents in a Schedule 1 form

210.—(1) Subject to rule 211, any application or document in one of the Schedule 1 forms must—

(a)be printed on durable A4 size paper,

(b)be reproduced as set out in the Schedule as to its wording, layout, ruling, font and point size, and

(c)contain all the information required in an easily legible form.

(2) Where on a Schedule 1 form (other than Form DL) any panel is insufficient in size to contain the required insertions, and the method of production of the form does not allow the depth of the panel to be increased, the information to be inserted in the panel must be continued on a continuation sheet in Form CS.

(3) When completing a Schedule 1 form containing an additional provisions panel, any statement, certificate or application required or permitted by these rules to be included in the form for which the form does not otherwise provide and any additional provisions desired by the parties must be inserted in that panel or a continuation of it.

(4) Where the form consists of more than one sheet of paper, or refers to an attached plan or a continuation sheet, all the sheets and any plan must be securely fastened together.

Electronically produced forms

211.—(1) Where the method of production of a Schedule 1 form permits—

(a)the depth of a panel may be increased or reduced to fit the material to be comprised in it, and a panel may be divided at a page break,

(b)instructions in italics may be omitted,

(c)inapplicable certificates and statements may be omitted,

(d)the plural may be used instead of the singular and the singular instead of the plural,

(e)panels which would contain only the panel number and the panel heading may be omitted, but such omission must not affect the numbering of subsequent panels,

(f)“X” boxes may be omitted where all inapplicable statements and certificates have been omitted,

(g)the sub-headings in an additional provisions panel may be added to, amended, repositioned or omitted,

(h)“Seller” may be substituted for “Transferor” and “Buyer” for “Transferee” in a transfer on sale,

(i)the vertical lines which define the left and right boundaries of the panel may be omitted.

Documents where no form is prescribed

212.—(1) Documents for which no form is prescribed must be in such form as the registrar may direct or allow.

(2) A document prepared under this rule must not bear the number of a Schedule 1 form.

(3) A document affecting a registered title must refer to the title number.

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