The Land Registration Rules 1993

• Citation: S.I. 1993/3275
• Sections: 11

Section 1 Citation and commencement

These Rules may be cited as the Land Registration Rules 1993 and shall come into force on 28th March 1994.

Section 2 Interpretation

In these Rules:

(a) “the Principal Rules” means the Land Registration Rules 1925 ;

(b) “the Open Register Rules” means the Land Registration (Open Register) Rules 1991 .

Section 3 Amendments to rule 1 of the Principal Rules

(1) For rule 1(5A) of the Principal Rules there shall be substituted:

(5A) “Proper office” means the district land registry designated as the proper office by article 2(2) of the Land Registration (District Registries) Order 1991 .

(2) In rule 1 of the Principal Rules the following paragraph shall be inserted after paragraph (5G):

(5H) In rules 42, 90, 267, 306(2) and 310(1) “Registry” shall include any premises where documents are stored on behalf of the Registrar.

Section 4 Amendment to rule 9 of the Principal Rules

In rule 9(3) of the Principal Rules the words “, together with a short description of the property comprised in each title concerned, and, in the case of the proprietor of a charge, the date of the charge” shall be omitted.

Section 5 New rule 17 of the Principal Rules

The following rule shall be substituted for rule 17 of the Principal Rules:

New editions of the register

(17)

(1) The Registrar may at any time when he considers it desirable, make a new edition of the register containing only the subsisting entries, and he may, in doing so, make any rearrangement that may appear to him conducive to clarity, including the altering of the number of the title and, subject to paragraph (2), the division of the title into two or more titles.

(2) A rearrangement of the register which includes the division of the title into two or more titles shall only be made under paragraph (1) on the application of the registered proprietor of the land, or after notice to the registered proprietor of the land and the registered proprietor of any charge.

(3) Such arrangements shall be made as to the recalling of the land and charge certificates and for the issue of new certificates as may be necessary.

Section 6 Revocation of rules 92 and 93 of the Principal Rules

Rules 92 and 93 of the Principal Rules are revoked.

Section 7 Amendment to rule 262 of the Principal Rules

In rule 262 of the Principal Rules the words “either the original or” shall be inserted at the beginning of paragraph (1)(a).

Section 8 Insertion of rule 4A into the Open Register Rules

After rule 4 of the Open Register Rules there shall be inserted the following rule:

Inspection and copying of register entries — access by remote terminal

(4A) Access to the registrar’s computer system, by means of a person’s remote terminal, for the purpose of inspection and the making of copies of and extracts from entries on the register of a registered title held on that system is subject to the following conditions:

(a) Such access may only be undertaken during the currency of a relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice.

(b) A person who wishes to apply for such access must provide such of the following particulars as may be required by the registrar:

(i) The credit account number, name and telephone number of the person making the application.

(ii) The title number of the registered title in respect of which the application is made.

(iii) The property description of the land in respect of which the application is made.

(iv) The relevant postcode.

Section 9 Amendments to rule 6 of and Schedules 1 and 2 to the Open Register Rules

(1) In rule 6(1) of the Open Register Rules there shall be inserted:

(a) after the words “or Part 2” the words “or Part 3”; and

(b) after the words “in Form 112A or 112B” the words “or 112C”.

(2) In rule 6(2) of the Open Register Rules there shall be inserted after the words “in Form 112A or 112B” the words “or 112C”.

(3) In rule 6 of the Open Register Rules the following paragraph shall be inserted after paragraph (5):

(6) In Form 112C and Schedule 2 references to tax are references to any of the taxes mentioned in the definition of tax in section 118(1) of the Taxes Management Act 1970 .

(4) Form 112C in Schedule 1 to these Rules shall be inserted immediately after Form 112B in Schedule 1 to the Open Register Rules.

(5) Part 3 as set out in Schedule 2 to these Rules shall be inserted immediately after Part 2 of Schedule 2 to the Open Register Rules.

Section 10 New rule 11 of the Open Register Rules

For rule 11 of the Open Register Rules there shall be substituted the following rule:

Delivery of applications

(11)

(1) Subject to rule 6(3) and to paragraph (2), an application made under these rules shall be delivered to the proper office.

(2) Any application of the type referred to in rule 13(4) shall be delivered to the registrar.

Section 11 Amendments to rule 13 of the Open Register Rules

(1) In rule 13(1)(g) of the Open Register Rules there shall be inserted after the words “or 3(2)(b)” the words “or 4A”.

(2) There shall be substituted for the words “Subject to paragraph (3)” at the beginning of rule 13(2) of the Open Register Rules the words “Subject to paragraphs (3) and (3A)”.

(3) After rule 13(3) of the Open Register Rules there shall be inserted the following paragraph:

(3A) If and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications covered by a notice given under paragraph (1) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (3).

(4) At the end of sub-paragraph (e) of paragraph (4) of rule 13 of the Open Register Rules there shall be substituted for the full stop a semi-colon and there shall be inserted after that sub-paragraph the following sub-paragraph:

(f) an application for inspection and copying of register entries where access is by remote terminal under rule 4A.