Citation, commencement and extent

1.—(1) These Rules may be cited as the Land Registration (Amendment) Rules 2022 and come into force on the day section 3 of the Economic Crime (Transparency and Enforcement) Act 2022(3) comes into force.

(2) These Rules extend to England and Wales.

Amendment of the Land Registration Rules 2003

2.—(1) Schedule 1 (forms referred to in rules 206, 207A and 210) to the Land Registration Rules 2003(4) (“the 2003 Rules”) is amended in accordance with Schedule 1 to these Rules.

(2) Schedule 1A(5) to the 2003 Rules is amended in accordance with Schedule 2 to these Rules.

Transitional provision

3.—(1) Subject to paragraph (2), a pre-commencement form may continue to be used for the period of 15 months beginning with the day on which these Rules come into force.

(2) Where a person makes an application to the registrar(6)—

(a)that includes a disposition by an overseas entity;

(b)to register an overseas entity as proprietor of a registered estate in land; or

(c)that falls within both paragraphs (a) and (b),

a pre-commencement form may continue to be used for the period of 15 months beginning with the day on which these Rules come into force provided the person provides the information described in paragraph (3) with the application.

(3) The information described in this paragraph is, for each overseas entity—

(a)the overseas entity ID; or

(b)confirmation that the overseas entity ID is not required.

(4) For the purposes of this rule—

(a)“pre-commencement form” means a form specified in Schedule 1 to, or the required wording specified in Schedule 1A to, the 2003 Rules, as those Rules were in force immediately before the coming into force of these Rules;

(b)a pre-commencement form is “used”—

(i)in the case where the form makes a registrable disposition within the meaning of section 132 of the Land Registration Act 2002, at the time that the disposition is made;

(ii)in the case that a form is used to make an application to the registrar, at the time the application is delivered to the registrar(7);

(c)“overseas entity” has the meaning given in section 2 of the Economic Crime (Transparency and Enforcement) Act 2022;

(d)“overseas entity ID” means an overseas entity ID allocated in accordance with section 5 of that Act.

Rule 2(1)

SCHEDULE 1Amendment of forms specified in Schedule 1 to the 2003 Rules

1.  In form ADV1, for Panel 6 and the related explanatory information substitute—

   

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2.  In form AP1, for panel 6 and the related explanatory information substitute—

   

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3.  In form AS1, for panels 5 and 6 and the related explanatory information substitute—

   

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4.  In form AS3, for panels 6 and 7 and the related explanatory information substitute—

   

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5.  In form CH1, for panel 4 and the related explanatory information substitute—

   

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6.  In form FR1, for panel 6 and the related explanatory information substitute—

   

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7.  In form TP1, for panels 5 and 6 and the related explanatory information substitute—

   

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8.  In form TP2, for panels 6 and 7 and the related explanatory information substitute—

   

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9.  In form TR1, for panels 4 and 5 and the related explanatory information substitute—

   

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10.  In form TR2, for panels 5 and 6 and the related explanatory information substitute—

   

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11.  In form TR5, for panels 4 and 5 and the related explanatory information substitute—

   

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Rule 2(2)

SCHEDULE 2Amendment to Required Wording and Explanatory Information in Schedule 1A to the 2003 Rules

1.  For clause LR3 substitute—

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make necessary amendments to the Land Registration Rules 2003 (S.I. 2003/1417) (‘the 2003 Rules’) to implement the new requirements for applications to register an overseas entity as proprietor of an estate in land or where an application includes some types of disposition made by an overseas entity. The new requirements are set out in Schedule 4A to the Land Registration Act 2002, which was introduced by Schedule 3 to the Economic Crime (Transparency and Enforcement) Act 2022 (c.10). The requirements are that either the overseas entity is registered in the register of overseas entities (kept by Companies House) or an exemption or exception applies.

Rule 2 amends some of the forms contained in Schedule 1 to the 2003 Rules and the required wording to the prescribed clauses lease in Schedule 1A to the 2003 Rules.

Rule 3 provides that existing forms may be used for a period of fifteen months beginning with the commencement of the Rules provided the overseas entity ID or confirmation that the ID is not required is included with the application.

A full regulatory impact assessment of the effect that the overseas entities register will have on the costs of business and the voluntary sector is available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and is published with the Explanatory Memorandum to this instrument on www.legislation.gov.uk.