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The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925[1], and in exercise of the powers conferred on him by section 54[2], 123A[3] and 144 of that Act, and of all other powers enabling him in that behalf, hereby makes the following rules: Citation, commencement and interpretation 1. - (1) These rules may be cited as the Land Registration (No. 3) Rules 2000. (2) The transitional provisions contained in rule 5 of these rules shall come into force on 25 May 2001 and the remaining rules shall come into force on 28 May 2001. (3) In these rules -
(b) "the official searches rules" means the Land Registration (Official Searches) Rules 1993[5] (c) "the matrimonial home rights rules" means the Land Registration (Matrimonial Home Rights) Rules 1997[6], and (d) a rule referred to by number means the rule so numbered in the principal rules the official searches rules or the matrimonial home rights rules as the case may be.
Amendments to the principal rules
(b) any application for first registration or for making, modifying, rectifying or cancelling any entry in the register of a registered title delivered to the proper office after 0930 hours on that day
shall be determined in accordance with the principal rules or official searches rules as amended by rules 1 to 4 of these rules. 1. In rule 1 -
2.
In paragraph (1) of rule 7A insert "and time" before "of delivery" and "modifying," before "rectifying".
(b) for paragraph (2) substitute -
(b)
(ii) midnight on the day following the day of receipt if the application was received at or after 12 noon on that day."
4.
In rules 42, 73 and paragraph (4) of rule 86 substitute "date and time at" for "day on".
83. Every application (except outline applications defined in rule 83A) shall be delivered at the proper office and, when so delivered, shall be allocated an official reference number and the day list shall be marked with the date and time at which the application is deemed by rule 85 to have been delivered. Outline applications 83A. - (1) An outline application is an application delivered in accordance with this rule. (2) Subject to paragraphs (9)-(13) of this rule, any application may be delivered by outline application if it satisfies the following conditions:
(ii) an application for first registration of land; or (iii) an application dealing with part only of land in a title whether or not also involving other registered land; and
(b) the right interest or matter the subject of the application must exist at the time of delivery of the application.
(3) During the currency of any notice given pursuant to paragraph (9) of this rule, and subject to and in accordance with the limitations contained in that notice, an outline application may be delivered by:
(b) telephone; or (c) electronic means.
(4) An outline application must contain the following particulars at the time of delivery:
(ii) either the surname (if an individual) or, in any other case, the full name of one of the proprietors of the land or applicants for first registration (as the case may be); (iii) the nature of the proposed application; (iv) the name of the person or persons on whose behalf the application is being made; (v) the name and address of the person or firm lodging the application; (vi) any other particulars specified in any notice made under paragraph (9) of this rule.
(5) Every outline application shall be allocated an official reference number and shall be identified on the day list as such and shall be marked with the date and time at which the application is deemed by rule 85 to have been delivered and the registrar shall acknowledge receipt of any outline application by notifying the applicant, as soon as practicable, of the official reference number allocated to it.
(ii) particular types or classes of application; (iii) applications received between specified times and on specified days (which need not be those between or on which the Registry is open to the public); (iv) applications affecting the whole of the land in a title or titles; (v) applications delivered by a particular means.
(11) Subject to paragraphs (12) and (13), a notice given pursuant to paragraph (9) shall 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.
6.
In paragraph (3) of rule 84 substitute "rule 299" for "rule 298".
85. - (1) Every application shall be deemed to have been delivered at the earlier of
(b)
(ii) midnight on the day following the day of receipt if the application was received at or after 12 noon on that day.
(2) Every application shall be completed by registration as of the date and time at which it is deemed to have been delivered"
1. In rule 2 -
2.
In rule 3 -
3.
In rule 4 -
(2) If the application is in order, upon completion of the official search with priority an official certificate of search shall be issued giving the result of the search as at the date and time that the application is deemed to have been delivered. (2A) An official certificate of search with priority of a register or in relation to pending first registration application may, at the registrar's discretion, be issued in one or both of the following ways:
(b) during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraph (a)."
(b) In paragraph (4) delete the words "in Form 94B(Result) or".
4.
In rule 8 substitute "rule 299" for "rule 298".
6.
In rule 10 -
(b) during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in paragraph (a)."
(b) in paragraph (4) delete the words "in Form 94C (Result) or"
7.
In rule 14 -
(b) substitute "rule 4(2A)(b)" for "rule 4(2)(c)" and "rule 10(2)(b)" for "rule 10(2)(c)" wherever they appear.
8.
In Schedule 2 -
(ii) in paragraph F insert "midnight on" before the words "the date specified". (iii) in paragraph I substitute "the date and time at" for "the date on".
(b) in Part II -
(ii) in paragraphs G and H substitute "date and time at" for "date upon". (iii) in paragraph J substitute " The date and time at" for "The date on".
1. In rule 7 -
(b) during the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, by means of communication, other than the means referred to in sub-paragraph (a)."
(b) paragraph (3) shall be deleted.
2.
Insert at the end of rule 8 -
3.
In rule 9 substitute "rule 7(1)(b)" for "rule 7(1)(c)" wherever it appears.
(This note is not part of the Rules) These rules: (A) amend the Land Registration Rules 1925 so as to -
(b) provide for applications to register dealings with registered land which are not capable of protection by a priority search to be lodged by way of a new type of application known as an outline application where the Registrar is satisfied that adequate arrangements have been made for their delivery and he has issued a notice to that effect; (c) amend the application forms for dealings with registered land to reflect the reference number of the outline application; and (d) set out the transitional arrangements arising out of the alteration to the deemed delivery provisions.
(B)
amend the Land Registration (Official Searches) Rules 1993 so as to -
(b) amend the search forms so as to dispense with the result panels, and make other changes to their form as well as removing the requirement for them to be submitted in duplicate; and (c) set out the transitional arrangements arising out of the alteration to the deemed delivery provisions.
(C)
amend the Land Registration (Matrimonial Home Rights) Rules 1997 so as to -
(b) provide for the matrimonial home rights search to reveal relevant applications pending on the day list.
Notes: [1] 1925 c. 21; section 144(1) was amended by the Administration of Justice Act 1982 (c. 53), section 67(1) and Schedule 5, paragraph (d). The reference to the Ministry of Agriculture, Fisheries and Food was substituted by the Transfer of Functions (Ministry of Food) Order 1955 (S.I. 1955/554).back [2] Amended by section 5(5)(a) of the Land Registration Act 1986 (c. 26).back [3] Substituted by section 1 of the Land Registration Act 1997 (c. 2).back [4] S.R & O. 1925/1093; relevant amending or revoking instruments S.I. 1978/1601, 1990/2613, 1995/3153, 1997/3037, 1999/128, 2000/429, 2000/2214.back [5] S.I. 1993/3276; relevant amending or revoking instruments S.I. 1995/3153.back [6] S.I. 1997/1964; relevant amending or revoking instruments S.I. 2000/429.back
ISBN 0 11 018909 4
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