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Statutory Rules of Northern Ireland
LAND REGISTRATION
Made
9th January 2007
Coming into operation
1st April 2007
The Department of Finance and Personnel, in exercise of the powers conferred by section 85 of the Land Registration Act (Northern Ireland) 1970(1) and now vested in it(2) and of every other power enabling it in that behalf, with the advice and assistance of the Land Registry Rules Committee(3), hereby makes the following Rules:
1. These Rules may be cited as the Land Registration (Amendment) Rules (Northern Ireland) 2006 and shall come into operation on 1st April 2007.
2. In these Rules—
“the Land Registration Rules” means the Land Registration Rules (Northern Ireland) 1994(4);
a reference to a rule or a form is a reference to a rule or a form in the Land Registration Rules.
3. The Land Registration Rules are amended in accordance with the Schedule.
Sealed with the Official Seal of the Department of Finance and Personnel on 9th January 2007.
A senior officer of the
Department of Finance and Personnel
1. In Rule 2(1) (Interpretation)(5)—
(1) After the interpretation of “The Ground Rents Act” insert ““the 1998 Order” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998”(6).
(2) For the definition of “matrimonial charge” substitute ““matrimonial or civil partnership charge” has the same meaning as in Article 5 of the 1998 Order”.
(3) In the definition of “rights of occupation” for the words “Part II of the Family Law Order” substitute “Article 4 of the 1998 Order”.
2. In Rule 29(2) (Notification of proposed registration)—
(a) After the word “matrimonial” insert “or civil partnership”.
(b) For the words “the Family Law Order” substitute “the 1998 Order”.
(c) After the word “spouse” insert “or civil partner”.
3. In Rule 60 (Notice to owner of inclusion of registered charge) for the word “shall” substitute “may”.
4. In Rule 86 (Registration of charging orders under the Criminal Justice Order) for the word “shall” substitute “may”.
5. In Rule 89 (Application for registration of other enforcement orders) for the word “shall” substitute “may”.
6. Delete Rule 90(2) (Cancellation of entries in respect of enforcement orders).
7. In Rule 91(4) (Registration of pending actions) for the word “shall” substitute “may”.
8. In Rule 92 (Registration of matrimonial charges and renewal of registration)—
(a) In the heading and in paragraphs (1), (4) and (5) after the word “matrimonial” where it occurs insert “or civil partnership”.
(b) In paragraph (1)(a) after the word “marriage” insert “or civil partnership”.
(c) For the words “the Family Law Order” in each place they occur, substitute the words “the 1998 Order”.
(d) In paragraph (2) for “Part II” substitute “Article 2(2)”.
(e) In paragraphs (3) and (5) for the words “Article 5(4)” in each place where they occur, substitute “Article 5(7)”.
9. In Rule 93 (Cancellation and variation of entries relating to the registration of matrimonial charges and postponement of priority)—
(a) In the heading and in paragraph (1) after the word “matrimonial” where it occurs, insert “or civil partnership”.
(b) In paragraphs (2)(a) and (d) and (3)(a) after the word “spouse” in each place where it occurs, insert “or civil partner”.
(c) In paragraph (2)(b) after the words “nullity of marriage” insert “or a certified copy of a dissolution or nullity order of the civil partnership”.
(d) In paragraphs 2(b) and (d) after the word “marriage” insert “or civil partnership”.
(e) In paragraphs (2)(c) and (3) for the words “the Family Law Order” in each place where they occur substitute “the 1998 Order”.
(f) In paragraph 3 for the words “Article 5(4)” in each place where they occur, substitute “Article 5(7)”.
10. In Rule 147(3) and (4) (Appurtenances) substitute the word “may” for “shall”.
11. In Rule 153(3) (Notice of Bankruptcy petition) substitute the word “may” for “shall”.
12. In Rule 169 (Notice of application) substitute the word “may” for “shall”.
13. In Schedule 2 to the Land Registration Rules—
(a) For Form 1 substitute—
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(b) Delete Form 2
(c) For Form 43 [Rule 92] substitute—
1970 c. 18 (N.I.) as amended by S.I. 1978/459 (N.I. 4), S.I. 1989/2405 (N.I. 19), S.I. 1992/811 (N.I. 7) and 2001 c. 5 (N.I.) Back [1]
By virtue of 1998 c. 47 s. 95(5) and Sch. 12, para. 10(1)(b) Back [2]
Established by 1970 c. 18 (N.I.) s. 85(1) Back [3]
S.R. 1994 No. 424 as amended by S.R. 2000 No. 165 and S.R. 2002 No. 229 Back [4]
Rule 2(1) was amended by paragraph 1 of the Schedule to the Land Registration(Amendment) Rules (Northern Ireland) 2002 Back [5]
SI 1998/1071 (N.I. 6) Back [6]
Land Registration (Amendment) Rules (Northern Ireland) 2007