The Public Trustee (Notices Affecting Land)(Title on Death) Regulations 1995

Made: 17th May 1995

Laid before Parliament: 18th May 1995

Coming into force: 1st July 1995

The Lord Chancellor, in exercise of the powers conferred on him by section 19 of the Law of Property (Miscellaneous Provisions) Act 1994[^f00001], hereby makes the following Regulations—

Citation and commencement

1

These Regulations may be cited as the Public Trustee (Notices Affecting Land) (Title on Death) Regulations 1995 and shall come into force on 1st July 1995.

Interpretation

2

In these Regulations—

• (a) “the Act” means the Law of Property (Miscellaneous Provisions) Act 1994;

• (b) a form referred to by number means the form so numbered in the Schedule to these Regulations.

Keeping and recording of documents served under section 18 of the Act

3

• (1) The Public Trustee shall keep a register on which he shall record the details set out in paragraph (2) in respect of every document which is—

• (a) served on him under section 18 of the Act, and

• (b) is accompanied by an application to register in Form NL(1).

• (2) The details referred to in paragraph (1) are—

• (a) the name of the deceased person;

• (b) a description of the land to which the document relates; and

• (c) the date on which the entry on the register was made.

• (3) The Public Trustee shall file every document in respect of which a registration is made against the name of the deceased person in respect of whom the document is served.

Search of the register

4

• (1) A person shall be entitled to request the Public Trustee to search the register against the name of a deceased person by sending to him an application to search in Form NL(2).

• (2) On receipt of such a request the Public Trustee shall cause a search to be made in the register against the name of the deceased person in the exact form provided to him by the applicant.

• (3) The Public Trustee shall notify the applicant of the result of the search, and in the event that it reveals an entry on the register, shall send to him a copy of the document whose service on the Public Trustee caused the registration to be made.

SCHEDULE

FORM NL(1)

FORM NL(2)

Signed

Mackay of Clashfern, C. — Dated 17th May 1995

Explanatory note

(This note is not part of the Regulations)

Section 18 of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land: service on personal representatives before filing of grant) provides that in certain circumstances notices affecting land that would have been served on a person but for his death shall be served on the Public Trustee. These Regulations make provision for the Public Trustee to file such documents and to keep a register of details taken from them. They also permit the public to requisition searches of the register.

Footnotes

[^f00001]: 1994 c. 36.