SCHEDULE 1 continued
49. Rule 139 is revoked.
50. In rule 140(2)(a) and (b), omit “and, during the transitional period, any transitional period document”.
51. For rule 162(1) substitute—
“(1) An application to register a transfer by a personal representative, who is not already registered as proprietor, must be accompanied by—
(a) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Justice Act 1925(14) applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,
(b) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,
(c) a court order appointing the transferor as the deceased’s personal representative, or
(d) (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that the conveyancer holds the original or a certified or office copy of such grant of probate, letters of administration or court order.”.
52. For rule 163(2) substitute—
“(2) Subject to paragraph (3), the evidence that must accompany an application under paragraph (1) is—
(a) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Justice Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,
(b) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,
(c) a court order appointing the applicant as the deceased’s personal representative, or
(d) (where a conveyancer is acting for the applicant) a certificate given by the conveyancer that he holds the original or an office copy of such grant of probate, letters of administration or court order.”.
53. For rule 175(2)(b) substitute—
“(b) one of the following, as appropriate—
(i) a sealed copy of the scheme of the Church Commissioners,
(ii) a copy of the London Gazette publishing the instrument, or
(iii) the transfer.”.
54. Rule 181 is revoked.
55. In rule 182—
(a) in paragraph (1), for “(4)” substitute “(2)”,
(b) omit paragraphs (2) and (3), and
(c) paragraph (4) is renumbered as paragraph (2).
56. For rule 183 substitute—
183.—(1) Where a corporation to which this rule applies makes an application to be registered as proprietor of a registered estate or registered charge the application must also be accompanied by evidence of the extent of its powers to hold and sell, mortgage, lease and otherwise deal with, or to lend money on a mortgage or charge of, land.
(2) The evidence must include—
(a) the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, or a certificate given either—
(i) in Form 7 by a qualified lawyer practising in the territory of incorporation of the corporation, where the corporation is incorporated outside the United Kingdom, or
(ii) in Form 8 by the applicant’s conveyancer, in respect of any other corporation to which this rule applies, and
(b) such further evidence as the registrar may require.
(3) This rule applies to any corporation aggregate which is not—
(a) a company incorporated in any part of the United Kingdom under the Companies Acts,
(b) a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000(15) or the Limited Liability Partnerships Act (Northern Ireland) 2002(16), or
(c) a corporation to which rule 182(1) applies.”.
57. After rule 183, insert—
183A.—(1) If an applicant for registration as proprietor of a registered estate or a registered charge is, or holds on trust for, a registered social landlord within the meaning of
the Housing Act 1996(17), the application must include a certificate to that effect.
(2) If an applicant for registration as proprietor of a registered estate or a registered charge is, or holds on trust for, an unregistered housing association within the meaning of the Housing Associations Act 1985(18) and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must include a certificate to that effect.”.
58. For rule 187 substitute—
187.—(1) Where the application is to be registered as proprietor of a registered rentcharge, the references in rules 188, 188A, 189, 190, 192, 193, 194A, 194B, 194C, 194F, and 194G to Schedule 6 to the Act are to Schedule 6 as applied by rule 191.
(2) In rules 194A, 194B and 194F, “post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such period as is reasonable in all the circumstances.
(3) In rules 194A, 194B, 194C, 194F and 194G, “qualified surveyor” means a fellow or professional associate of the Royal Institution of Chartered Surveyors.”.
59. In rule 188—
(a) in paragraph (1), after “declaration” wherever it appears insert “or statement of truth” and after “declarations” insert “or statements of truth”,
(b) in paragraph (2), after “declaration” insert “or statement of truth” and for sub-paragraph (a) substitute—
“(a) if the application relates to part only of the land in a registered title, exhibit a plan which enables that part to be identified on the Ordnance Survey map, unless that part is referred to in the statutory declaration or statement of truth by reference to the title plan and this enables that part to be so identified,”,
(c) in paragraph (3), after “declaration” insert “or statement of truth” and for sub-paragraph (a) substitute—
“(a) if the application relates to part only of the land in a registered title, exhibit a plan which enables that part to be identified clearly on the Ordnance Survey map, unless the previous rejected application related only to that part, or that part is referred to in the statutory declaration or statement of truth by reference to the title plan and this enables that part to be so identified,”, and
(d) after paragraph (3), add—
“(4) A statement of truth by an applicant under paragraphs 1 or 6 of Schedule 6 to the Act, and any supporting statements of truth, may be made in Form ST1 or Form ST2, as appropriate.”.
60. After rule 188, insert—
188A.—(1) This rule applies where an application under paragraph 1 of Schedule 6 to the Act is made.
(2) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated in the county palatine of Lancaster, the registrar must give notice of the application to the Solicitor for the affairs of the Duchy of Lancaster.
(3) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated in the county of Cornwall or in the Isles of Scilly, the registrar must give notice of the application to the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall.
(4) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated outside the areas referred to in paragraphs (2) and (3), the registrar must give notice of the application to the Treasury Solicitor.
(5) The notice referred to in paragraphs (2) to (4) is notice under paragraph 2 of Schedule 6 to the Act.
(6) In this rule, “company” means a company incorporated in any part of the United Kingdom under the Companies Acts.”.
61. After rule 194, insert—
194A.—(1) This rule applies where a proprietor with the right under paragraph 10(1) of Schedule 6 to the Act to require apportionment has given the chargor notice in accordance with paragraph (2).
(2) The notice referred to in paragraph (1) must—
(a) identify the proprietor and give an address for communications to the proprietor from the chargor,
(b) make proposals as to the values of the registered estate and the other property subject to the charge,
(c) state the proprietor’s intention, in the absence of agreement on the respective values of the registered estate and the other property subject to the charge, to request the President of the Royal Institution of Chartered Surveyors to appoint a qualified surveyor to determine these values, and
(d) be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargor.
(3) If the chargor does not provide the proprietor with the chargor’s written agreement to the values referred to in paragraph (2)(b), or to any other valuations acceptable to the proprietor, within one month of when the notice was received, the proprietor may make the request referred to in paragraph (2)(c).
(4) Where a qualified surveyor has been appointed pursuant to a request under paragraph (3)—
(a) the proprietor shall be liable for the costs of that appointment,
(b) the qualified surveyor shall act as an arbitrator and the provisions of the Arbitration Act 1996(19) shall apply,
(c) the proprietor and the chargor shall be parties to the arbitration,
(d) the chargee may elect to be joined as a party to the arbitration, and the qualified surveyor must ascertain whether the chargee so elects, and
(e) the proprietor and the chargor must allow the qualified surveyor access to the land any estate in which is subject to the charge.
(5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.
194B.—(1) The right of the proprietor of a registered estate under paragraph 10(1) of Schedule 6 to the Act to require a chargee to apportion the amount secured by a charge is exercisable by notice being given by the proprietor to the chargee.
(2) The notice referred to in paragraph (1) must—
(a) identify the proprietor and give an address for communications to him from the chargee,
(b) state that apportionment is required under paragraph 10 of Schedule 6 to the Act,
(c) identify the chargor and the date of the charge,
(d) state whether the valuations accompanying the notice were by a qualified surveyor appointed pursuant to a request under rule 194A and, if they were, state the effect of rule 194C(1), and
(e) be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargee.
(3) Subject to paragraph (4), the notice referred to in paragraph (1) must be accompanied by—
(a) valuations of the registered estate and of the other property subject to the charge by a qualified surveyor dated no earlier than two months before the notice is sent,
(b) the chargor’s written agreement to the valuations,
(c) an official copy of the individual register and title plan of the registered estate, and
(d) a copy of the individual register and title plan, supplied in response to an application under rule 144, in respect of the registered title which immediately before the registration under Schedule 6 to the Act comprised the registered estate, unless such a copy is unavailable.
(4) If the valuations of the registered estate and of the other property subject to the charge are by a qualified surveyor appointed pursuant to a request under rule 194A, the requirements in paragraph (3)(b), (c) and (d) do not apply.
(5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.
194C.—(1) If the valuations accompanying the notice referred to in rule 194B(1) are by a qualified surveyor appointed pursuant to a request under rule 194A, the chargee must, within two months of when the notice was received, apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of these valuations.
(2) If the valuations accompanying the notice referred to in rule 194B(1) are not by a qualified surveyor pursuant to a request under rule 194A, the chargee must, within two months of when the notice was received, either—
(a) apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of the valuations accompanying the notice, or on the basis of other valuations agreed by the proprietor and the chargor, or
(b) request the President of the Royal Institution of Chartered Surveyors to appoint a qualified surveyor to value the registered estate and the other property subject to the charge.
(3) Where a qualified surveyor has been appointed pursuant to a request under paragraph (2)(b)—
(a) the chargee shall be liable for the costs of that appointment,
(b) the qualified surveyor shall act as an arbitrator and the provisions of the Arbitration Act 1996 shall apply,
(c) the proprietor and the chargee shall be parties to the arbitration,
(d) the chargor may elect to be joined as a party to the arbitration, and the qualified surveyor must ascertain whether the chargor so elects, and
(e) the proprietor and the chargor must allow the qualified surveyor access to the land any estate in which is subject to the charge.
(4) Where a qualified surveyor has been appointed pursuant to a request under paragraph (2)(b), the chargee must, within two months of when the valuations by the qualified surveyor were received, apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of those valuations.
194D.—(1) For the purposes of rules 194A, 194B and 194C, where the other property affected by the charge includes an estate in land, the value of the proprietor’s registered estate shall be the diminution in value of that other property as determined in accordance with paragraph (2).
(2) The diminution in value of the other property is the difference between—
(a) the value of all the property subject to the charge if the chargor were the proprietor and in possession of the proprietor’s registered estate, and
(b) the value of the property subject to the charge without the proprietor’s registered estate.
194E.—(1) Notices and valuations shall be treated as received for the purposes of rules 194A(3) and 194C(1), (2) and (4) on—
(a) the second working day after posting, where the notice is posted to an address in the United Kingdom,
(b) the working day after it was left, where the notice is left at a postal address,
(c) the seventh working day after posting, where the notice is posted to an address outside the United Kingdom, and
(d) the second working day after transmission, where the notice is sent by electronic transmission (including email).
194F.—(1) Within ten working days of any apportionment under rule 194C, the chargee must issue notice of the apportionment to the proprietor and to the chargor.
(2) The notice referred to in paragraph (1) must state—
(a) the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act,
(b) the amount apportioned to the registered estate, and
(c) the costs incurred by the chargee as a result of the apportionment and payable under paragraph 10(2)(b) of Schedule 6 to the Act.
(3) The notice referred to in paragraph (1) which is issued to the proprietor must be served by post to, or by leaving the notice at, the postal address or by electronic transmission to any e-mail address given in the notice of required apportionment under rule 194B(1) or at another postal or e-mail address agreed in writing by the chargee and the proprietor.
194G.—(1) Where in the award under rule 194A(4) or rule 194C(3) the qualified surveyor decides that the chargee shall be responsible for payment of the costs incurred by the chargee or any other party to the arbitration, such costs shall be excluded from the costs payable under paragraph 10(2)(b) of Schedule 6 to the Act.
(2) Subject to paragraph (3), the chargor shall be entitled to be paid by the proprietor those costs reasonably incurred by the chargor in the apportionment and, in particular, those in relation to valuations obtained for the purpose of the apportionment.
(3) Where in the award the qualified surveyor decides that the chargor shall be responsible for payment of the costs incurred by the chargor or any other party to the arbitration, such costs shall be excluded from the costs payable under paragraph (2).”.
62. For rule 195 substitute—
195.—(1) Subject to paragraph (3), interest is payable in accordance with paragraph (4) on the amount of any indemnity paid under Schedule 8 to the Act—
(a) where paragraph 1(1)(a) of Schedule 8 applies other than in respect of any indemnity on account of costs or expenses, from the date of the rectification to the date of payment,
(b) where any other sub-paragraph of paragraph 1(1) of Schedule 8 applies other than in respect of any indemnity on account of costs or expenses, from the date the loss is suffered by reason of the relevant mistake, loss, destruction or failure to the date of payment,
(c) in respect of an indemnity on account of costs or expenses within paragraph 3 of Schedule 8, from the date when the claimant pays them to the date of payment.
(2) A reference in this rule to a period from a date to the date of payment excludes the former date but includes the latter date.
(3) No interest is payable under paragraph (1) for any period or periods where the registrar or the court is satisfied that the claimant has not taken reasonable steps to pursue with due diligence the claim for indemnity or, where relevant, the application for rectification.
(4) Simple interest is payable—
(a) where the period specified in paragraph (1) starts on or after 10 November 2008, at one percent above the applicable Bank of England base rate or rates, or
(b) where the period specified in paragraph (1) starts before that date,
(i) for the part of the period before that date, at the applicable rate or rates set for court judgment debts, and
(ii) for the part of the period on or after that date, at one percent above the applicable Bank of England base rate or rates.
(5) In this rule “Bank of England base rate” means—
(a) the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or
(b) where an order under section 19 of the Bank of England Act 1998(20) is in force, any equivalent rate determined by the Treasury under that section.”.
63. In Part 14, after rule 196 insert—
“Modification of Parts 2 and 3 of the Act in their application to incorporeal hereditaments
196A. In their application to rentcharges, sections 9(5) and 10(6) of the Act have effect as if for the words “in actual possession of the land, or in receipt of the rents and profits of the land,” there were substituted the words “in receipt of the rent”.
196B.—(1) In their application to franchises, sections 11(4) and 12(4) of the Act have effect without prejudice to any right of the Crown to forfeit the franchise.
(2) In its application to franchises, section 29(2)(a) of the Act has effect with the deletion of the word “or” at the end of sub-paragraph (ii) and with the insertion between the words “registration,” and “and” at the end of sub-paragraph (iii) of—
“or
is a right of the Crown to forfeit the franchise,”.”.
64. In rule 198, after paragraph (6) insert—
“(6A) Where a cautioner who is shown in the register of title as having been entered in that register in respect of a caution against dealings under section 54 of the Land Registration Act 1925 has died, his personal representative may apply to the registrar for the entry of a replacement or additional address for service provided that—
(a) there may not be more than three addresses for service,
(b) one of the addresses for service must be a postal address, whether or not in the United Kingdom,
(c) all of the addresses for service must be such addresses as are mentioned in paragraph (4), and
(d) the application must be accompanied by—
(i) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Justice Act 1925(21) applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,
(ii) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,
(iii) a court order appointing the applicant as the deceased’s personal representative, or
(iv) (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that he holds the original or a certified office copy of such grant of probate, letters of administration or court order.”.
65. In rule 199, omit paragraph (6).
66. In rule 203(4), after “declaration,” insert “statement of truth,” and after “charge” insert “, a certificate relating to stamp duty land tax as required by section 79 of the Finance Act 2003(22),”.
67. In rule 206(1), after “rules” where it first appears insert “207A,”.
68. Rule 207 is revoked.
69. Before rule 208, insert—
207A.—(1) In order to assist applicants in completing a form or in making an application in relation to a form, the registrar may remove, add to, or alter any explanatory information outside the panels of a Schedule 1 form.
(2) Any amendment under paragraph (1) must not alter the name and description of the form at the top of the first page or instructions as to what must be entered in the form.
(3) Where a form has been amended under paragraph (1) a person may use the form for the purposes of these rules as amended or as unamended.”.
70. In rule 210, at the beginning of paragraph (1)(b) insert “subject to rule 215A(4) and (5),”.
71. At the beginning of rule 211, omit “—(1)” and for paragraph (b), as so lettered following that omission, substitute—
“(b) the text outside the panels of a Schedule 1 form, other than—
(i) the name and description of the form at the top of the first page, and
(ii) any text after the final panel,
may be omitted,”.
72. After rule 215, insert—
215A.—(1) In these rules, a statement of truth means a statement which—
(a) is made by an individual in writing,
(b) contains a declaration of truth in the following form—
‘I believe that the facts and matters contained in this statement are true’, and
(c) is signed in accordance with paragraphs (2) to (6).
(2) Subject to paragraph (5), a statement of truth must be signed by the individual making the statement.
(3) The full name of the individual who signs a statement of truth must be printed clearly beneath his signature.
(4) Where a statement of truth is to be signed by an individual who is unable to read, it must—
(a) be signed in the presence of a conveyancer, and
(b) contain a certificate made and signed by that conveyancer in the following form—
‘I [name and address of conveyancer] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his] or [her] mark in my presence having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.
(5) Where a statement of truth is to be made by an individual who is unable to sign it, it must—
(a) state that individual’s full name,
(b) be signed by a conveyancer at the direction and on behalf of that individual, and
(c) contain a certificate made and signed by that conveyancer in the following form—
‘I [name and address of conveyancer] certify that [the person making this statement of truth has read it in my presence, approved its content as accurate and directed me to sign it on [his] or [her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who directed me to sign it on [his] or [her] behalf] having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.
(6) Where a statement of truth, or a certificate under paragraph (4) or (5), is signed by a conveyancer—
(a) the conveyancer must sign in their own name and not that of their firm or employer, and
(b) the conveyancer must state the capacity in which they sign and where appropriate the name of their firm or employer.”.
73. In rule 216—
(a) for paragraph (1) substitute—
“(1) Subject to paragraph (2), the land registry shall be open to the public daily except on—
(a) Saturdays, Sundays, Christmas Day and Good Friday, or
(b) any other day—
(i) specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971(23),
(ii) appointed by the Lord Chancellor, or
(iii) certified as an interrupted day under paragraph (6).”, and
(b) after the table below paragraph (5), add—
“(6) The registrar may certify any day as an interrupted day if he is satisfied that on that day there is likely to be—
(a) a general delay in, or failure of, a communication service in England and Wales, or
(b) any other event or circumstance,
causing a substantial interruption in the normal operation of the land registry.
(7) The registrar must give notice of any certification under paragraph (6) in such manner as he considers appropriate.
(8) Any certification under paragraph (6) must take place before the start of the day being certified.
(9) In this rule, “communication service” means a service by which documents may be sent and delivered and includes a post service, a document exchange service and electronic communications.”.
74. In rule 217—
(a) in paragraph (1), for the definition of “Companies Acts” substitute—
““Companies Acts” means—
the Companies Act 2006(24) and any Act amending or replacing that Act,
the provisions of the Companies Act 1985(25), the Companies Consolidation (Consequential Provisions) Act 1985(26), Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004(27) and the Companies (N.I.) Order 1986(28) that remain in force, and
any former enactment relating to companies,”,
(b) in paragraph (1), for the definition of “conveyancer” substitute—
““conveyancer” means—
a solicitor,
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985(29),
a fellow of the Institute of Legal Executives,
a barrister,
a duly certificated notary public, or
a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000(30) who by virtue of regulations 6 and 12 of those Regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales,”,
(c) in paragraph (1), in the definition of “overseas company”, for “Great Britain” substitute “the United Kingdom”,
(d) in paragraph (1), after the definition of “section 33(5) order” insert ““statement of truth” has the meaning given by rule 215A,”,
(e) in paragraph (1), after the definition of “unregistered company” and before the full stop, insert—
““working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971 or appointed by the Lord Chancellor”, and
(f) in paragraph (3), for “LL” substitute “PP”.
75. For rule 223(1)(b) substitute—
“(b) a person who is, or but for the existence of the caution would be, entitled to be registered as the proprietor of that estate or charge.”.
1925 c.23. Back [14]
1985 c.69. Back [18]
1925 c.23. Back [21]
1971 c.80. Back [23]
1985 c.6. Back [25]
1985 c.9. Back [26]
S.I. 1986/1032 (N.I.6). Back [28]
1985 c.61. Back [29]
S.I. 2000/1119, amended by S.I. 2004/1628; there are other amending instruments but none is relevant. Back [30]