Office of Public Sector Information
Section 107
1 (1) The adjudicator may at any time resign his office by written notice to the Lord Chancellor.
(2) The Lord Chancellor may remove the adjudicator from office on the ground of incapacity or misbehaviour.
(3) Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (compulsory retirement at 70, subject to the possibility of annual extension up to 75) applies to the adjudicator.
(4) Subject to the above, a person appointed to be the adjudicator is to hold and vacate office in accordance with the terms of his appointment and, on ceasing to hold office, is eligible for reappointment.
2 (1) The Lord Chancellor shall pay the adjudicator such remuneration, and such other allowances, as the Lord Chancellor may determine.
(2) The Lord Chancellor shall—
(a) pay such pension, allowances or gratuities as he may determine to or in respect of a person who is or has been the adjudicator, or
(b) make such payments as he may determine towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
(3) Sub-paragraph (2) does not apply if the office of adjudicator is a qualifying judicial office within the meaning of the Judicial Pensions and Retirement Act 1993.
(4) If, when a person ceases to be the adjudicator, the Lord Chancellor determines that there are special circumstances which make it right that the person should receive compensation, the Lord Chancellor may pay to the person by way of compensation a sum of such amount as he may determine.
3 (1) The adjudicator may appoint such staff as he thinks fit.
(2) The terms and conditions of appointments under this paragraph shall be such as the adjudicator, with the approval of the Minister for the Civil Service, thinks fit.
4 (1) Subject to sub-paragraph (2), any function of the adjudicator may be carried out by any member of his staff who is authorised by him for the purpose.
(2) In the case of functions which are not of an administrative character, sub-paragraph (1) only applies if the member of staff has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).
5 The Lord Chancellor may by regulations make provision about the carrying out of functions during any vacancy in the office of adjudicator.
6 The Lord Chancellor shall be liable to reimburse expenditure incurred by the adjudicator in the discharge of his functions.
7 The Lord Chancellor may require the registrar to make payments towards expenses of the Lord Chancellor under this Schedule.
8 In Schedule 1 to the Tribunal and Inquiries Act 1992 (c. 53) (tribunals under the supervision of the Council on Tribunals), after paragraph 27 there is inserted—
| “Land Registration | 27B. The Adjudicator to Her Majesty’s Land Registry.” |
9 In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (judicial offices), there is inserted at the end—
“Adjudicator to Her Majesty’s Land Registry.”;
and a corresponding amendment is made in Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25).
Section 126
1 (1) Rules may make provision—
(a) applying this Act to a pre-registration dealing with a registrable legal estate as if the dealing had taken place after the date of first registration of the estate, and
(b) about the date on which registration of the dealing is effective.
(2) For the purposes of sub-paragraph (1)—
(a) a legal estate is registrable if a person is subject to a duty under section 6 to make an application to be registered as the proprietor of it, and
(b) a pre-registration dealing is one which takes place before the making of such an application.
2 (1) Rules may make provision about the obligations with respect to—
(a) proof of title, or
(b) perfection of title,
of the seller under a contract for the transfer, or other disposition, for valuable consideration of a registered estate or charge.
(2) Rules under this paragraph may be expressed to have effect notwithstanding any stipulation to the contrary.
3 Rules may—
(a) make provision about the form of provisions extending or limiting any covenant implied by virtue of Part 1 of the Law of Property (Miscellaneous Provisions) Act 1994 (c. 36) (implied covenants for title) on a registrable disposition;
(b) make provision about the application of section 77 of the Law of Property Act 1925 (c. 20) (implied covenants in conveyance subject to rents) to transfers of registered estates;
(c) make provision about reference in the register to implied covenants, including provision for the state of the register to be conclusive in relation to whether covenants have been implied.
4 Rules may make provision about—
(a) when a certificate of registration of title to a legal estate may be issued,
(b) the form and content of such a certificate, and
(c) when such a certificate must be produced or surrendered to the registrar.
5 (1) Rules may make provision about the form, content and service of notice under this Act.
(2) Rules under this paragraph about the service of notice may, in particular—
(a) make provision requiring the supply of an address for service and about the entry of addresses for service in the register;
(b) make provision about—
(i) the time for service,
(ii) the mode of service, and
(iii) when service is to be regarded as having taken place.
6 Rules may—
(a) make provision about the form and content of applications under this Act;
(b) make provision requiring applications under this Act to be supported by such evidence as the rules may provide;
(c) make provision about when an application under this Act is to be taken as made;
(d) make provision about the order in which competing applications are to be taken to rank;
(e) make provision for an alteration made by the registrar for the purpose of correcting a mistake in an application or accompanying document to have effect in such circumstances as the rules may provide as if made by the applicant or other interested party or parties.
7 Rules may make provision about the form of any statement required under an enactment to be included in an instrument effecting a registrable disposition or a disposition which triggers the requirement of registration.
8 Rules may make any other provision which it is expedient to make for the purposes of carrying this Act into effect, whether similar or not to any provision which may be made under the other powers to make land registration rules.
Land Registration Act 2002