Office of Public Sector Information
Statutory Instruments
Land Registration, England And Wales
Made
17th July 2008
Laid before Parliament
21st July 2008
Coming into force in accordance with rule 2
The Lord Chancellor makes the following rules in exercise of the powers conferred by sections 1(2), 13(a), 14(a) and (b), 21(2)(a), (b) and (c), 22, 25(1), 27(6), 36(4), 43(2)(a), (c) and (d), 47, 60(3), 66(2), 67(3), 70, 73(2), (3) and (4), 88, 126, 127(1)(1), 128(1) and 134(2) of, and paragraphs 2(2) and 7(3) of Schedule 2, paragraph 7(b), (c) and (d) of Schedule 4, paragraphs 2(1)(e), 10(4), and 15 of Schedule 6, paragraph 9 of Schedule 8, paragraphs 3(a), 5(2)(a), 6(a) and (b), and 8 of Schedule 10, and paragraph 2(4) of Schedule 12 to, the Land Registration Act 2002(2).
In accordance with section 127(3) of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section.
1. These rules may be cited as the Land Registration (Amendment) Rules 2008.
2.—(1) Subject to paragraph (2), these rules shall come into force on 10 November 2008.
(2) Paragraph 40 of Schedule 1 (new rule 111) shall come into force on the day that section 869 of the Companies Act 2006(4) comes into force.
3. In these rules “the principal rules” means the Land Registration Rules 2003(5) and in rule 6 and in the Schedules to these rules (other than in respect of the reference note at the head of each Schedule) a reference to a rule by number is a reference to the rule so numbered in the principal rules.
4.—(1) Parts 1 to 10 and 13 to 16 of the principal rules are amended as set out in Schedule 1.
(2) For Schedule 1 to the principal rules substitute the schedule set out in Schedule 2.
(3) In Schedule 1A to the principal rules, for the words in italicised text immediately below the heading “LR3. Parties to this lease” substitute—
“Give full names and addresses of each of the parties. For UK incorporated companies and limited liability partnerships, also give the registered number including any prefix. For overseas companies, also give the territory of incorporation and, if appropriate, the registered number in England and Wales including any prefix.”.
(4) In paragraph 5 of Schedule 2 to the principal rules, after “owing” insert “to”.
(5) Schedule 3 to the principal rules is amended as set out in Schedule 3.
(6) For Schedule 4 to the principal rules substitute the schedule set out in Schedule 4.
(7) In Schedule 5 to the principal rules, insert at the appropriate places and in the columns indicated below—
| “Column 1 | Column 2 |
|---|---|
| An authorised person within the meaning of section 108(15) of the Environment Act 1995(6) | Certificate P |
| Director of Enforcement at the Financial Services Authority or a member of the Financial Services Authority authorised to apply on behalf of the Director of Enforcement. | Certificate Q” |
(8) Schedule 6 to the principal rules is amended as set out in Schedule 5.
(9) Schedule 9 to the principal rules is amended as set out in Schedule 6.
5.—(1) Subject to paragraph (3), an application may be accompanied by an old form instead of the equivalent new form—
(a) if the application is delivered to the registrar during the period of three months beginning with the commencement day, or
(b) if the old form is one to which paragraph (2) applies.
(2) An old form is one within paragraph (1)(b) if its use is expressly required—
(a) by an agreement entered into at least three months before the commencement day,
(b) by an order of the court, or
(c) by or under an enactment.
(3) This rule does not apply to an application which is required to be in Form AP1, Form DS2 or Form FR1.
(4) In this rule—
“commencement day” means 10 November 2008,
“new form” means a form set out in Schedule 2,
“old form” means a form set out in Schedule 1 to the principal rules immediately before the commencement day.
6. The registrar need not retain in the register any entry made under rule 8(1)(i) (name of the first proprietor of a registered estate with possessory title) or an equivalent entry made under the Land Registration Act 1925(7).
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
17th July 2008
See section 132(1) for the definition of “land registration rules”. Back [1]
Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302. Back [3]
S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 2005/1982, 2006/594, 2007/1898, 2007/3224, 2008/574, 2008/1750. Back [5]
The Land Registration Act 1925 (c.21) was repealed by section 135 of, and Schedule 13 to, the Land Registration Act 2002 on 13 October 2003. Back [7]
The Land Registration (Amendment) Rules 2008