Land Registration (Electronic Communications) Order (Northern Ireland) 2011

Made: 22nd March 2011

Coming into operation in accordance with Article 1

In accordance with section 1(3) of that Act it considers that authorisation of the use of electronic communications by this Order for any purpose is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases.

Citation and commencement

1

This Order may be cited as the Land Registration (Electronic Communications) Order (Northern Ireland) 2011 and shall come into operation on 3 October 2011.

Amendment of the Land Registration Act (Northern Ireland) 1970

2

• (1) The Land Registration Act (Northern Ireland) 1970[^f00002] shall be amended in accordance with paragraphs (2) to (6).

• (2) At the end of section 32 (dealings with registered land) add—

(3) An application for— (a) first registration; or (b) registration of a dealing with registered land, may be made by electronic communication if the application is made in respect of an authorised dealing with that land. (4) For the purposes of this section and section 32A an “authorised dealing” is - a dealing which is directed by the Registrar to be an authorised dealing for the purpose of electronic applications. (5) A direction given by the Registrar under subsection (4)— (a) shall be made after consultation with the Law Society of Northern Ireland; (b) shall be published in such manner as the Registrar deems appropriate for the purpose of bringing it to the attention of the persons affected by it; (c) may include incidental, supplementary, saving and transitional provisions; and (d) may be varied or revoked by a subsequent direction.

• (3) After section 32 (dealings with registered land) insert—

(32A) Notwithstanding any statutory provision that may require a transaction relating to an estate or interest in land to be effected by deed or instrument in writing, any authorised dealing with an estate or interest in land may be effected in accordance with the procedure laid down in Schedule 1A.

• (4) In section 94 (interpretation) at the appropriate place in alphabetical order insert—

• “electronic communication” has the meaning given in section 4 of the Electronic Communications Act (Northern Ireland) 2001;

• (5) After Schedule 1 (administrative provisions relating to Land Registry) insert Schedule 1A set out in the Schedule to this Order.

• (6) In Part 2 of Schedule 2 (power to extend time for first compulsory registration) for the words “make an order” to the end substitute “order that the period be extended; and, if the Registrar so orders, then, upon the registration of the owner, or, as the case may be, of his successor in title, a note of that fact shall be recorded on the application.”.

SCHEDULE — SCHEDULE 1A TO THE LAND REGISTRATION ACT (Northern Ireland) 1970

Signed

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd March 2011

Arthur Moir — A senior officer of the — Department

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Land Registration Act (Northern Ireland) 1970 (“the Act”) to permit electronic documents created within the Land Registry’s computer system, and authenticated by means of digital signature, to be valid for the creation, transfer, variation or extinction of estates and interests in land and to introduce conditions upon which electronic applications for registration may be made. These changes are intended to enable the electronic registration in the Land Registry of Northern Ireland of transactions affecting land.

Article 2 (2) adds new subsections (3), (4) and (5) to section 32 of the Act. Subsection (3) provides that certain applications for first registration or registration of a dealing with registered land may be made electronically. Subsection (4) defines an authorised dealing. Subsection (5) makes provision about the procedure for giving directions as to which dealings will be authorised dealings.

Article 2 (3) inserts a new section 32A into the Act. This provides that where any statutory provision requires a transaction relating to an estate or interest in land to be effected by deed or instrument in writing, the dealing may be effected in accordance with the provisions of a new Schedule 1A.

Article 2 (4) inserts a definition of “electronic communication” into section 94 of the Act.

Article 2 (5) inserts a new Schedule 1A into the Act as set out in the Schedule to the Order.

Article 2 (6) amends Schedule 2 Part 2 by removing the need for a physical endorsement of an order extending the period for an application for compulsory first registration.

The Schedule sets out the provisions of Schedule 1A.

Paragraph 1 of Schedule 1A provides for definitions.

Paragraphs 2 and 3 of Schedule 1A provide that an electronic document is to be valid in respect of the formalities of execution if it is authenticated. To be authenticated the digital signature of each person by whom the document purports to be authenticated must be incorporated into or logically associated with the document, be created by the signatory in accordance with such conditions as the Registrar may direct and be certified in accordance with paragraph 3.

Paragraph 3 stipulates that a digital signature is to be certified by a statement confirming that the signature, the means used to create, communicate or verify the signature or the procedure applied to the signature are a valid means of establishing the authenticity or integrity of the document.

Paragraph 4 of Schedule 1A provides that electronic documents which are valid in respect of the formalities of execution are to have the same effect as written documents for purposes of other statutory provisions. It also provides that a person who is party to an electronic document in more than one capacity need only authenticate it once to bind all capacities.

Paragraph 5 of Schedule 1A provides that the Registrar shall be entitled to assume that the authentication of an electronic document has been done by the person by whom it purports to be done. The result is that electronic documents which are authenticated will have “self-proving status”.

Footnotes

[^f00001]: 2001 c.9 (N.I.)

[^f00002]: 1970 c. 18 (N.I.)