Registration of Deeds Regulations (Northern Ireland) 1997

Type Ni-Statutory-Rule
Publication 1997-01-24
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
PDF Download
articles Not indexed
Reform history JSON API

Made: 24th January 1997

Coming into operation: 1st April 1997

The Department of the Environment, in exercise of the powers conferred by sections 1(2), 2(3)(c), 3(2), (4) and (4A), 3A(1) and (3), 3B(1) and (3), 8(1), 9(1) and (2), 10, 12(1), 13(1), (2), (3) and (4), 15 and 19(1) of the Registration of Deeds Act (Northern Ireland) 1970[^f00001] and Article 45(2) of the Registration (Land and Deeds) (Northern Ireland) Order 1992[^f00002] and now vested in it[^f00003] and in exercise of the powers conferred on it by Articles 6(7) and 7(4) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984[^f00004] and Articles 6(7) and 7(4) of that Order as applied by Article 310 of the Insolvency (Northern Ireland) Order 1989[^f00005] and of every other power enabling it in that behalf, hereby makes the following Regulations:

Preliminary

Citation and commencement

1

These Regulations may be cited as the Registration of Deeds Regulations (Northern Ireland) 1997 and shall come into operation on 1st April 1997.

Interpretation

2

Part I — Registers and Procedure for Registration

Lodgment of deed or conveyance for registration

3

The memorial of any deed or conveyance to be registered under section 1(1) of the Act shall be in Form 1.

Specifications and characteristics of paper for memorial and other documents

4

The paper to be used for—

shall conform with the following specifications and characteristics—

Type and Quality: a A cream wove archival writing paper to comply to British Standard BS ISO 9706: 1994 with a minimum substance of 100 grammes per square metre.

Size: b 297 mm deep by 210 mm wide.

Punching: c Two round holes 8 mm in diameter shall be punched on the binding (long) edge at centres 237 mm apart. The centres of the holes shall be 15 mm from the binding edge and 30 mm from the top and bottom edges.

Margins: d Margins shall be delineated by lines ruled parallel to the edges of the paper, such lines being 30 mm from the binding edge on both sides of the paper and 30 mm from the bottom 210 mm edge on the obverse of the paper. All margins shall be left blank except for use by the registry of deeds.

Design: e The paper shall be designed to enable any written matter on the obverse to be read so that the binding edge is on the left hand side and any written matter on the reverse to be read so that the binding edge is on the right hand side.

Allocation of serial numbers

5

Lodgment of documents by post and allocation of serial numbers

6

Filing of memorials

7

Memorials of documents lodged for registration in the registry of deeds shall be kept in files in sequence according to the calendar year in which such memorials are treated as lodged for registration and the serial numbers allocated to them pursuant to regulations 5 and 6.

Abstract Book

8

Index of Names

9

Part II — Pending Actions and Vacation of Court Orders

Registration of pending actions

10

The document to be lodged in the registry of deeds under section 3(2) of the Act for the purpose of registering a pending action other than a bankruptcy petition shall be in Form 3.

Vacation of registration of pending actions

11

Vacation of registration of judgments, decrees or orders

12

The registration of a judgment, decree or order of a court (other than a bankruptcy order) may be vacated by the lodgment of a certificate of the appropriate court stating that the judgment, decree or order has been satisfied or has otherwise ceased to have effect.

Part III — Matrimonial Charges

Registration, etc., of matrimonial charges

13

shall be in Forms 6, 7 and 8, respectively.

Cancellation and vacation of registration on foot of subsequent registration

14

Part IV — Insolvency

Registration of bankruptcy petition

15

The document to be lodged in the registry of deeds for registration of a bankruptcy petition pursuant to section 3A[^f00008] of the Act shall be in Form 10.

Vacation of registration of bankruptcy petition

16

The certificate of the appropriate court to be lodged in the registry of deeds for the purpose of vacating the registration of a bankruptcy petition shall be in Form 11.

Registration of bankruptcy order

17

The document to be lodged in the registry of deeds for registration of a bankruptcy order pursuant to section 3B[^f00009] of the Act shall be in Form 12.

Registration of order amending title of insolvency proceedings

18

Where an order has been made by the High Court amending the title of proceedings in an insolvency matter and the order has been lodged for registration in accordance with the Registration of Deeds Acts, the registrar shall on registration of such order include in the entries of the relevant bankruptcy petition and bankruptcy order (as the case may require) a reference to the amending order and the date of its registration in the registry of deeds.

Vacation of registration of bankruptcy order

19

The certificate of the appropriate court to be lodged in the registry of deeds for the purpose of vacating the registration of a bankruptcy order shall be in Form 13.

Registration of bankrupt’s rights of occupation and the vacation, variation, release or postponement of priority of such rights

20

Additional entries in Abstract Book and Index of Names

21

so far as the particulars are contained in the memorial.

Part V — Searches

Requisitions for searches

22

23

search, inspect and examine, and make extracts from or short notes of, the indices, abstracts, transcript books and files and books of memorials and of other documents registered under the Registration of Deeds Acts.

24

any statement of the result of a common search or certificate of the result of a negative search which includes details of such mortgage or order shall include reference to the relevant satisfaction or cancellation.

Part VI

Revocations

25

The following Regulations so far as they were in force immediately before the commencement of these Regulations are hereby revoked—

SCHEDULE

Form 1 — Form of memorial for registration of a deed or conveyance (regulation 3)

Form 2 — Application to accompany deed or conveyance lodged for registration (regulation 6(5))

Form 3 — Document for registration of a pending action (regulation 10)

Form 4 — Court certificate to vacate the registration of a pending action (regulation 11(1))

Form 5 — Certificate to vacate the registration of a pending action in accordance with section 3(4A) of the Act (regulation 11(2))

Form 6 — Notice of a matrimonial charge (regulation 13(1))

Form 7 — Renewal of the registration of a matrimonial charge (regulation 13(1))

Form 8 — Vacation or variation of the registration of a matrimonial charge or the postponement of its priority (regulation 13(1))

Form 9 — Certificate of Registrar (regulation 14(1))

Form 10 — Registration of bankruptcy petition (regulation 15)

Form 11 — Vacation of registration of bankruptcy petition (regulation 16)

Form 12 — Registration of bankruptcy order (regulation 17)

Form 13 — Vacation of registration of bankruptcy order (regulation 19)

Form 14 — Registration of bankrupt’s rights of occupation (regulation 20(2))

Form 15 — Variation, release or postponement of bankrupt’s rights of occupation (regulation 20(3))

Form 16 — Vacation of registration of bankrupt’s rights of occupation (regulation 20(5))

Form 17 — Requisition for a common search (regulation 22(1))

Form 18 — Requisition for a negative search (regulation 22(1))

Form 19 — Statement of result of a common search (regulation 24(1))

Form 20 — Certificate of result of a negative search (regulation 24(1))

INDEX

R = Regulation or Regulations F = Form or Forms
ABSTRACT BOOK ABSTRACT BOOK ABSTRACT BOOK
Abstract details in searches R.24(2)
Contents of entries in, R.8(1), 18, 20(4), 20(6), 21(2)
Sequential order of entries in, R.8(2)
APPLICATION APPLICATION APPLICATION
To accompany documents lodged by post for registration R.6(5) F.2
BANKRUPTCY (See INSOLVENCY) BANKRUPTCY (See INSOLVENCY) BANKRUPTCY (See INSOLVENCY)
CERTIFICATE CERTIFICATE CERTIFICATE
By bankrupt to vacate bankrupt’s rights of occupation R.20(5)(c) & (6) F.16
By court to vacate—
Bankruptcy order R.19 F.13
Bankruptcy petition R.16 F.11
Bankrupt’s rights of occupation R.20(5)(b) & (6)
Judgment, decree or order R.12
Pending action R.11(1) F.4
By Registrar of Deeds or Titles to cancel or vacate matrimonial charge—
Contents of certificate R.14(1) F.9
Filing of certificate R.14(2)
Paper specification for certificate for Registry of Deeds R.4
Result of negative search—
Form of certificate R.24(1) F.20
Contents of certificate R.24
To vacate pending action R.11 F.4, 5
COMMENCEMENT COMMENCEMENT COMMENCEMENT
Regulations, of R.1
DECREE (See JUDGMENT) DECREE (See JUDGMENT) DECREE (See JUDGMENT)
DEED OR CONVEYANCE DEED OR CONVEYANCE DEED OR CONVEYANCE
Memorial of, R.3 F.1
Application for registration of, when lodged by post R.6(5) F.2
DOCUMENT DOCUMENT DOCUMENT
Serial number—
Allocation of, R.5, 6, 13(2)(a), 14(2)(b), 22(3)
Duplicate or counterpart copy, of R.5(4)
When lodged by post—
Date of lodgment of, R.6
Order of registration of, R.6
GRANTOR GRANTOR GRANTOR
Debtor, bankrupt or trustee in bankruptcy deemed to be, R.21(1)
INDEX (See INDEX OF NAMES and MATRIMONIAL CHARGES INDEX) INDEX (See INDEX OF NAMES and MATRIMONIAL CHARGES INDEX) INDEX (See INDEX OF NAMES and MATRIMONIAL CHARGES INDEX)
INDEX OF NAMES INDEX OF NAMES INDEX OF NAMES
Completion of entries in, R.9(4)
Contents of, R.9(2) & (3), 18, 20(4)
Debtor, bankrupt or trustee in bankruptcy as grantors in, R.21(1)
Notice of non-completion of entries in, R.9(4)
INSOLVENCY INSOLVENCY INSOLVENCY
Abstract Book, additional entries in, R.21
Bankruptcy order—
Registration of, R.17 F.12
Vacation of, R.19 F.13
Bankruptcy petition—
Registration of, R.15 F.10
Vacation of, R.16 F.11
Bankrupt’s rights of occupation—
Matrimonial charges regulations not apply to, R.20(1)
Registration of, R.20(2), (4) & (7) F.14
Vacation of, R.20(5) & (6) F.16
Variation, release or postponement of priority of, R.20(3), (4) & (7) F.15
Index of Names, additional entries in, R.21(1)
Order amending title of proceedings in, R.18
INTERPRETATION INTERPRETATION INTERPRETATION
Regulations, of words and expressions in, R.2
JUDGMENT (See INSOLVENCY) JUDGMENT (See INSOLVENCY) JUDGMENT (See INSOLVENCY)
Authorising vacation of or terminating bankrupt’s rights of occupation R.20(5)(a) & (6)
Vacation of registration of, R.12
MATRIMONIAL CHARGE MATRIMONIAL CHARGE MATRIMONIAL CHARGE
Cancellation of subsisting registration in Registry of Deeds and Land Registry R.14 F.9
Copy documents required for registration R.13(2)
Particulars of, to be set out in search R.24(2)
Postponement of priority of, R.13(1)(c) & (2) F.8
Registrar’s certificate to cancel or vacate subsisting charge R.14 F.9
Registration of, R.13(1)(a) & (2) F.6
Renewal of registration of, R.13(1)(b) & (2) F.7
Vacation or variation of registration of, R.13(1)(c) & (2) F.8
MATRIMONIAL CHARGES INDEX MATRIMONIAL CHARGES INDEX MATRIMONIAL CHARGES INDEX
Entries in, R.13(2), 14(2)
Searches in—
Common R.22, 23(1) & (3), 24 F.17, 19
Negative R.22, 23(2) & (3), 24 F.18, 20
MEMORIAL MEMORIAL MEMORIAL
Abstract of, R.8
Debtor, bankrupt or trustee of bankrupt’s estate as grantors in, R.21(1)
Deed or conveyance, of R.3 F.1
Filing of, R.7
Paper specification of, R.4
NOTICE NOTICE NOTICE
Index of Names, non-completion of entries in, R.9(4)
ORDER (See INSOLVENCY and JUDGMENT) ORDER (See INSOLVENCY and JUDGMENT) ORDER (See INSOLVENCY and JUDGMENT)
PAPER PAPER PAPER
Specification for—
Certificate by Registrar of Titles to vacate Matrimonial charge R.4
Copy of document relating to Matrimonial charge R.4
Document treated as memorial R.4
Memorial R.4
Search requisition R.22(2)
PENDING ACTIONS PENDING ACTIONS PENDING ACTIONS
Registration of, R.10 F.3
Vacation of—
By court certificate R.11(1) F.4
Other than by court certificate R.11(2) F.5
Lodgment of documents by, R.6
POSTPONEMENT (See PRIORITY) POSTPONEMENT (See PRIORITY) POSTPONEMENT (See PRIORITY)
PRIORITY PRIORITY PRIORITY
Documents, of R.5, 6
Postponement of—
Bankrupt’s rights of occupation R.20(3), (4) & (7) F.15
Matrimonial charges R.13(1)(c) & (2) F.8
REGISTRATION (See also ABSTRACT BOOK, APPLICATION, INDEX OF NAMES, INSOLVENCY, JUDGMENT, MEMORIAL, PAPER, VACATION OF REGISTRATION)
Bankruptcy order, of R.17 F.12
Bankruptcy petition, of R.15 F.10
Bankrupt’s rights of occupation, of—
Charge, of R.20(2), (4) & (7) F.14
Variation, release of, or postponement of priority of, R.20(3), (4) & (7) F.15
Deed or conveyance, memorial of, R.3 F.1
Documents sent by post R.6
Matrimonial charge—
Registration of, R.13(1)(a) & (2) F.6
Renewal of, R.13(1)(b) & (2) F.7
Vacation or variation of, R.13(1)(c) & (2) F.8
Order of, when documents sent—
By post R.5, 6
Other than by post R.5
Pending actions, of R.10 F.3
Transmission of certificate to Registrar of Titles to cancel subsisting matrimonial charge R.14(1) F.9
RENEWAL OF REGISTRATION RENEWAL OF REGISTRATION RENEWAL OF REGISTRATION
Matrimonial charge, of, R.13(1)(b) & (2) F.7
REVOCATION REVOCATION REVOCATION
Former Regulations, of R.25
SEARCH(ES) SEARCH(ES) SEARCH(ES)
Common search—
How carried out R.23(1)
Requisition for, R.22 F.17
Statement of result of, R.24 F.19
Memorial details in, R.24(2)
Negative search—
Certificate of result of, R.24 F.20
How carried out R.23(2)
Requisition for, R.22 F.18
Paper specification for requisitions for, R.22(2)
Particulars of matrimonial charges in, R.24(2)
Public or hand search R.23(4)
SERIAL NUMBER SERIAL NUMBER SERIAL NUMBER
Allocation of, R.5, 6, 13(2)(a), 14(2)(b), 22(3)
Duplicate or counterpart document, of R.5(3)
VACATION OF REGISTRATION VACATION OF REGISTRATION VACATION OF REGISTRATION
Bankruptcy order, of R.19 F.13
Bankruptcy petition, of R.16 F.11
Bankrupt’s rights of occupation, of R.20(5) & (6) F.16
Judgment, decree or order of court, of R.12
Matrimonial charge, of R.13(1)(c) & (2), 14 F.8, 9
Pending action, of—
By court certificate R.11(1) F.4
Other than by court certificate R.11(2) F.5
Subsisting matrimonial charge, of R.14 F.9
VARIATION OF REGISTRATION VARIATION OF REGISTRATION VARIATION OF REGISTRATION
Bankrupt’s rights of occupation, of R.20(3), (4) & (7) F.15
Matrimonial charge, of R.13(1)(c) & (2) F.8
Order amending title of insolvency proceedings, of R.18

Signed

Sealed with the Official Seal of the Department of the Environment on 24th January 1997.

C. D. Doake — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st April 1997, revoke and replace the Registration of Deeds Regulations (Northern Ireland) 1968, and the amending Regulations set out in regulation 25.

These Regulations are general regulations which implement the provisions of the Registration of Deeds Act (Northern Ireland) 1970, as amended by the Registration (Land and Deeds) Order (Northern Ireland) 1992, and the provisions of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 and the Insolvency (Northern Ireland) Order 1989 which relate to the registration of documents in the Registry of Deeds. The Regulations contain provisions setting out the procedure to be followed in connection with the registration in the Registry of Deeds of documents affecting land.

The principal changes made by these Regulations are—

1 A new form of memorial has been prescribed for the registration of a deed or conveyance (regulation 3 and Form 1).

2 Provision has been made regulating the procedure for the registration of documents sent to the Registry of Deeds by post (regulation 6).

3 Revised specifications have been provided for the nature and size of paper to be used for memorials and requisitions for searches (regulations 4 and 22(2)).

4 An additional form of certificate has been prescribed for the vacation of a pending action (regulation 11(2) and Form 5).

5 Provision has now been made for the period of time that requisitions for searches or records of such requisitions are to be kept in the Registry of Deeds (regulation 22(6)). A compliance cost assessment of the effect that these Regulations would have on the costs of business is available from the Customer Information Unit, Land Registers.

Footnotes

[^f00001]: 1970 c. 25 (N.I.): Sections 1(2), 13(2) and (4) and 19(1) were amended respectively by Articles 39(1), 47(1), (2) and (3), and 49 of S.I. 1992/811 (N.I. 7) and section 3(4A) was inserted by Article 41 of that Order; Sections 3A and 3B were inserted by S.I. 1989/2405 (N.I. 19) Art. 381 and Sch. 9 para. 77

[^f00002]: S.I. 1992/811 (N.I. 7)

[^f00003]: Functions of the Department of Finance transferred to the Department of the Environment; see S.I. 1982/338 (N.I. 6) Art. 5 and Sch. 1 Pt. II

[^f00004]: S.I. 1984/1984 (N.I. 14)

[^f00005]: S.I. 1989/2405 (N.I. 19)

[^f00006]: 1970 c. 18 (N.I.) as amended by S.I. 1992/811 (N.I. 7)

[^f00007]: S.R. & O. (N.I.) 1958 No. 193

[^f00008]: Sections 3A and 3B were inserted by S.I. 1989/2405 (N.I. 19) Art. 381 and Sch. 9 para. 77

[^f00009]: Sections 3A and 3B were inserted by S.I. 1989/2405 (N.I. 19) Art. 381 and Sch. 9 para. 77

[^f00010]: See the Registry of Deeds (Days and Hours of Business) Order 1958 (S.R. & O. (N.I.) 1958 No. 193)

[^f00011]: S.I. 1983/766 (N.I. 9)

[^f00012]: S.I. 1981/226 (N.I. 6)

[^f00013]: S.R. & O. (N.I.) 1968 No. 92

[^f00014]: S.R. & O. (N.I.) 1971 No. 86

[^f00015]: S.R. & O. (N.I.) 1971 No. 249

[^f00016]: S.R. 1989 No. 271

[^f00017]: S.R. 1991 No. 382

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.