2005 No. 1766
The Land Registration (Amendment) Rules 2005
Made
Laid before Parliament
Coming into force
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 20021, in exercise of the powers conferred on him by sections 14(a) and (b)(i), 27(6), 43(2)(c) and (d), 66(2), 67(3), 68(2), 69(2), 70, 73(4), 75(2), 76(2), 88, 126, 127(1), 128 and 134(2) of, and paragraphs 5, 6(a), (b) and (c) and 8 of Schedule 10 and paragraph 2(4) of Schedule 12 to, that Act, hereby makes the following rules:
Citation and commencement1
These rules may be cited as the Land Registration (Amendment) Rules 2005 and shall come into force on 24th October 2005.
Interpretation2
In these rules “the principal rules” means the Land Registration Rules 20032 and a reference to a rule by number is a reference to the rule in the principal rules so numbered.
Amendment to rule 91(1)3
In rule 91(1), there shall be inserted after “Schedule 4” the words “(varied, where appropriate, as permitted by rule 91A)”.
New rule 91A4
After rule 91, the following rule shall be inserted—
Completion of standard forms of restriction91A
1
Subject to paragraphs (2) and (3), where a standard form of restriction is to affect part only of the registered estate, then, where it refers to a disposition, or to a disposition of a specified type, to which it applies, that reference may be followed by the words “of the part of the registered estate” together with a sufficient description, by reference to a plan or otherwise, to identify clearly the part so affected.
2
The words incorporated pursuant to paragraph (1) shall be in place of the words “of the registered estate” where those latter words appear in a standard form of restriction and are referring to a disposition, or to a disposition of a specified type, to which the restriction applies.
3
The registrar may alter the words of any restriction affecting part of the registered estate only that he intends to enter in the register so that such part is described by reference to the relevant title plan or in another appropriate way.
4
A restriction in Form L, M, N, O, P, S or T may commence with the word “Until . . . ” followed by a calendar date.
Amendment to rule 925
There shall be substituted for rule 92(2)(b) the following sub-paragraph—
b
where rule 198(2)(d) applies, the address for service of the person named in the restriction,
Amendments to rule 936
1
Rule 93 shall be amended as follows.
2
In paragraph (u), the final “and” shall be deleted.
3
In paragraph (v), the full stop shall be replaced by “, and”.
4
After paragraph (v), the following paragraph shall be inserted—
w
the Legal Services Commission where it has a statutory charge, created by section 16(6) of the Legal Aid Act 19883 or by section 10(7) of the Access to Justice Act 19994, over a beneficial interest in registered land held under a trust of land and is applying for a restriction in Form JJ to be entered in the register of that land.
Amendment to rule 1407
After rule 140(4), the following paragraph shall be inserted—
4A
A qualifying applicant who applies for a search in the index of proprietors' names under paragraph (2) may apply at the same time in the Form CIT attached to the Form PN1 for official copies of every individual register referred to in the entries (if any) in the index relating to the particulars given in the search application.
Amendment to rule 1988
There shall be substituted for rule 198(2)(d) the following sub-paragraph—
d
a person named in—
i
a standard form of restriction set out in Schedule 4, whose address is required by that restriction, or
ii
any other restriction, whose consent or certificate is required, or to whom notice is required to be given by the registrar or another person,
except where the registrar is required to enter the restriction without application,
Amendments to rule 2179
1
In rule 217(1), the definition of “conveyancer” shall be amended as follows—
a
after “Executives,” in (c) of the definition there shall be inserted the word “or (d) a duly certificated notary public,” and
b
after the words “licensed conveyancer” where they last appear in the definition, there shall be substituted for the words from “or” to “Executives”—“, fellow of the Institute of Legal Executives or duly certificated notary public”.
2
In rule 217(3), for “Forms AA to HH” there shall be substituted “Forms AA to LL”.
New Form CIT in Schedule 1 to the principal rules10
There shall be substituted for Form CIT in Schedule 1 to the principal rules Form CIT in Schedule 1 to these rules.
Amendments to Schedule 4 to the principal rules11
Schedule 4 to the principal rules shall be amended in accordance with Schedule 2 to these rules.
Amendments to Schedule 5 to the principal rules12
Schedule 5 to the principal rules shall be amended in accordance with Schedule 3 to these rules.
Signed by authority of the Lord Chancellor
SCHEDULE 1NEW FORM CIT
SCHEDULE 2AMENDMENTS TO SCHEDULE 4 TO THE PRINCIPAL RULES
PART 1
1
Form D shall be replaced by the following form—
Form D (Parsonage, diocesan glebe, church or churchyard land)
2
In Form K, the word “or” where it appears between the words “registered estate” and “registered charge dated” shall be in italics.
3
Form L shall be replaced by the following form—
Form L (Disposition by registered proprietor of a registered estate or proprietor of charge—certificate required)
4
After the word “consent” in the headings to Forms N and T, after the words “specified title number” in the heading to Form O and after the words “specified charge” in Form P there shall be added the words “or certificate”.
5
In Forms N and T, “[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]” shall be replaced by “[signed by [name] of [address] [or [his conveyancer] or specify appropriate details]]”.
6
The following shall be added to the end of Forms N, O, P and T—
7
Form S shall be replaced by the following form—
Form S (Disposition by proprietor of charge—certificate of compliance required)
8
In Forms CC and DD, the words “of (address)” shall be inserted after the words “except with the consent of (name of the person applying)”.
9
In Forms EE and FF, the words “(name of the prosecutor or other person who applied for the order)” shall be replaced by the words “(name of prosecutor or other appropriate person) of (address)”.
10
In Forms GG and HH, the words “(name of the prosecutor or other person applying)” shall be replaced by the words “(name of prosecutor or other appropriate person) of (address)”.
11
After Form HH, the forms of restriction set out in Part 2 shall be inserted.
PART 2THE ADDITIONAL STANDARD FORMS OF RESTRICTION TO BE ADDED TO SCHEDULE 4 TO THE PRINCIPAL RULES REFERRED TO IN PARAGRAPH 11
SCHEDULE 3AMENDMENTS TO SCHEDULE 5 TO THE PRINCIPAL RULES
1
There shall be inserted, at the appropriate places, and in the columns indicated below—
Column 1
Column 2
An accredited financial investigator falling within section 378(1)(b) of the Proceeds of Crime Act 20025
Certificate H
An accredited financial investigator falling within section 378(4)(a) of the Proceeds of Crime Act 2002
Certificate N
A person authorised to apply by the Commissioners for Her Majesty’s Revenue and Customs and having the consent of a General/Special Commissioner to make the application
Certificate L
The Director of Revenue and Customs Prosecutions or a member of the Revenue and Customs Prosecutions Office authorised to apply on behalf of the Director
Certificate A
Certificate B
Certificate C
Certificate D
Certificate E
Certificate H
The Director General of the National Crime Squad or a member of the National Crime Squad authorised to apply on behalf of the Director General
Certificate O
The Director General of the National Criminal Intelligence Service or a member of the National Criminal Intelligence Service authorised to apply on behalf of the Director General
Certificate P
An officer of Revenue and Customs
Certificate A
Certificate B
Certificate C
Certificate D
Certificate E
Certificate H
Certificate N.
2
There shall be deleted from the columns indicated below—
Column 1
Column 2
A person commissioned by the Commissioners of Customs and Excise
Certificate C
Certificate D
Certificate E
Certificate H
A person authorised to apply by the Commissioners of Inland Revenue
Certificate E
A person authorised to apply by the Commissioners of Inland Revenue and having the consent of a General/Special Commissioner to make the application.
Certificate L
3
In column 2 against “A constable” (in column 1) and below “Certificate H”, there shall be inserted “Certificate N”.
4
In column 2 against “The Lord Advocate” (in column 1) and below “Certificate D”, there shall be inserted “Certificate H” and, below that, “Certificate N”.
(This note is not part of the Rules)