The Land Registration (Network Access) (Amendment) Rules 2011

• Citation: S.I. 2011/1813
• Sections: 6

Section 1 Citation

These rules may be cited as the Land Registration (Network Access) (Amendment) Rules 2011.

Section 2 Commencement

These rules shall come into force on the day that section 71 of the Legal Services Act 2007 comes into force, unless that section is already in force when these rules are made, in which case these rules shall come into force on the day after the day on which they are made.

Section 3 Interpretation

In these rules “the network access rules” means the Land Registration (Network Access) Rules 2008 and in rules 5 and 6 a reference to a rule or schedule by number is a reference to the rule or schedule so numbered in the network access rules.

Section 4 Amendments to the network access rules

The network access rules are amended as set out in rules 5 and 6.

Section 5 Amendments to rule 2 of the network access rules

In rule 2(1)—

(a) after the definition of “address for service” insert—

“approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,

(b) for the definition of “intervention” substitute—

“intervention” means—

an intervention by the Law Society under section 35 of, and Schedule 1 to, the Solicitors Act 1974 , section 9 of, and Schedule 2 to, the Administration of Justice Act 1985 , or section 89 of, and Schedule 14 to, the Courts and Legal Services Act 1990 ,

an intervention by the Council for Licensed Conveyancers under section 31 of, and Schedule 5 to, or section 32 of, and Schedule 6 to, the Administration of Justice Act 1985 ,

an intervention by a licensing authority under section 102 of, and Schedule 14 to, the Legal Services Act 2007, or

an intervention of a similar nature to those referred to in (a), (b) and (c) of this definition by any other approved regulator in accordance with its regulatory arrangements,

and for the purpose of these rules an intervention occurs on the day when the intervening body first decides to exercise the power of intervention in question in relation to a person or body,;

(c) after the definition of “intervention” insert—

“licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,

(d) after the definition of “read-only network access agreement” insert—

“regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,

Section 6 Amendments to Schedule 1 to the network access rules

(1) For paragraph 1 of Schedule 1 substitute—

Authorised persons

(1)

(1) That the applicant is—

(a) an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,

(b) an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

(c) a government department.

(2) For the purposes of this paragraph—

(a) “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,

(b) “manager” has the same meaning as in section 207 of the Legal Services Act 2007,

(c) “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,

(d) “relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.

(2) In paragraph 2 of Schedule 1—

(a) substitute “indemnification arrangements” for “indemnity rules” wherever those words appear in sub-paragraph (1),

(b) for sub-paragraph (2) substitute—

(2) Subject to paragraph 3, where the applicant is not under an obligation to comply with indemnification arrangements, that he holds a policy of indemnity insurance providing cover which in the opinion of the registrar is reasonably equivalent to the cover which would have been required under the indemnification arrangements applicable had the applicant been an authorised person regulated or licensed (whichever would, in the opinion of the registrar, have been more appropriate in the case of the applicant) by the Law Society.

(c) omit sub-paragraph (3).

(3) In paragraph 3(2) of Schedule 1 substitute “indemnification arrangements” for “indemnity rules”.

(4) In paragraph 7(c) of Schedule 1 after “was” where it first appears insert “, at the date of the intervention,”.

(5) In paragraph 7(d) of Schedule 1 after “applicant” insert “or a connected person”.

(6) In paragraph 9(1)(b) of Schedule 1—

(a) omit “or” at the end of sub-paragraph (iii),

(b) after sub-paragraph (iv) add—

(v) any other disciplinary tribunal provided under the regulatory arrangements of an approved regulator, or

(vi) a licensing authority,

(7) In paragraph 9(2) of Schedule 1—

(a) omit “or” at the end of sub-paragraph (c),

(b) after sub-paragraph (d) add—

or

in relation to paragraph 7(d), the date of the application.

(8) After paragraph 9 add—

Interpretation

(10) In this Schedule, “indemnification arrangements” has the same meaning as in section 21 of the Legal Services Act 2007 but with the omission of the words “, in relation to a body,”.