The Land Registration (Amendment) Rules 2009

• Citation: S.I. 2009/1996
• Sections: 9

Section 1 Citation and commencement

These rules may be cited as the Land Registration (Amendment) Rules 2009 and shall come into force on 1 October 2009.

Section 2 Interpretation

(1) In these rules “the principal rules” means the Land Registration Rules 2003 .

(2) Expressions used in these rules have the same meaning as in the principal rules, unless the contrary intention appears.

Section 3 New Rule 111A

In the principal rules, after rule 111, insert—

Registration of charges by certain overseas companies

(111A)

(1) An application to register a charge created by an overseas company must—

(a) be accompanied by evidence to satisfy the registrar that the charge has been registered under Part 3 of the Regulations , or

(b) include a statement that the charge, when created, did not require to be so registered.

(2) If the application does not comply with paragraph (1) the registrar must enter a note in the register to the effect that no evidence has been lodged either that the charge has been registered in accordance with Part 3 of the Regulations or that such registration was not required.

(3) In this rule, “the Regulations” means the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 .

Section 4 Amendments to certain forms in Schedule 1 to the principal rules

In Schedule 1 to the principal rules, in each of the forms listed in the first column of the following table, in the panels numbered as shown in the second column of that table, for the words “Registered number in England and Wales including any prefix” substitute “Registered number in the United Kingdom including any prefix”—

Section 5 Amendment to Schedule 1A to the principal rules

In Schedule 1A to the principal rules, in the panel headed “LR3. Parties to this lease”, for the words “the registered number in England and Wales including any prefix”, substitute “the registered number in the United Kingdom including any prefix”.

Section 6 Amendments to Schedule 9 to the principal rules

In the heading to Form D(i) in Schedule 9 to the principal rules, immediately after “seal” insert “, acting by a director and its secretary or by two directors”.

Section 7 Amendments to Schedule 9 to the principal rules

In the heading to Form D(ii) in Schedule 9 to the principal rules, immediately after “Acts,” insert “without using a common seal,”.

Section 8 Amendments to Schedule 9 to the principal rules

In Form F in Schedule 9 to the principal rules—

(a) in the heading, immediately after “F” insert “(i)”, and after “seal” insert “, acting by two members”,

(b) for “Signed” substitute “Executed”, and

(c) at the end of the amended Form F(i) insert—

Section 9 Use of unamended forms

(1) Notwithstanding rule 4, the forms listed in that rule may continue to be used in the form in which they were prescribed immediately before the coming into force of these rules, unless the application for which they are used relates to an overseas company.

(2) Notwithstanding rule 5, a prescribed clauses lease may contain the wording prescribed by Schedule 1A to the principal rules immediately before the coming into force of these rules, unless an overseas company is a party to the lease.