Legalize / United Kingdom / Statutory-Instrument

The Land Registration Rules 2003

Type Statutory-Instrument

Publication 2003-05-19

Last updated 2024-03-07

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Entry on day list of application for official search with priority

148

(1) An application for an official search with priority is to be taken as having been made on the date and at the time of the day notice of it is entered on the day list.

(2) Paragraph (3) has effect where—

(a) an application for an official search is in order, and

(b) the applicant has not withdrawn the official search.

(3) Subject to paragraph (4), the entry on the day list of notice of an application for an official search with priority confers a priority period on an application for an entry in the register in respect of the protectable disposition to which the official search relates.

(4) Paragraph (3) does not apply if the application for an official search with priority is cancelled subsequently because it is not in order.

Issue of official search certificate with priority

149

(1) If an application for an official search with priority is in order an official search certificate with priority must be issued giving the result of the search as at the date and time that the application was entered on the day list.

(2) An official search certificate with priority relating to a registered estate or to a pending application for first registration may, at the registrar’s discretion, be issued in one or both of the following ways—

(a) in paper form, or

(b) under rule 132(2).

(3) Subject to paragraph (4), an official search certificate issued under paragraph (2) must include such information as specified in Part 3 or Part 4 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.

(4) If an official search certificate is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 and A, H and I of Part 4 of Schedule 6, as the case may require.

Withdrawal of official search with priority

150

(1) Subject to paragraph (2), a person who has made an application for an official search with priority of a registered title or in relation to a pending first registration application, may withdraw that official search by application to the registrar.

(2) An application under paragraph (1) cannot be made if an application for an entry in the register in respect of the protectable disposition made pursuant to the official search has been made and completed.

(3) Once an official search has been withdrawn under paragraph (1) rule 148(3) shall cease to apply in relation to it.

Protection of an application on which a protected application is dependent

151

(1) Subject to paragraph (4), paragraph (2) has effect where an application for an entry in the register is one on which an official search certificate confers a priority period and there is a prior registrable disposition affecting the same registered land, on which that application is dependent.

(2) An application for an entry in the register in relation to that prior registrable disposition is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.

(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1).

(4) Paragraph (2) does not have effect unless both the application referred to in paragraph (1) and the application referred to in paragraph (2) are—

(a) made before the end of that priority period, and

(b) in due course completed by registration.

Protection of an application relating to a pending application for first registration on which a protected application is dependent

152

(1) Subject to paragraphs (4) and (5), paragraph (2) has effect where—

(a) there is a pending application for first registration,

(b) there is a pending application for an entry in the register on which an official search confers a priority period,

(c) there is an application for registration of a prior registrable disposition affecting the same registrable estate or charge as the pending application referred to in sub-paragraph (b),

(d) the pending application referred to in sub-paragraph (b) is dependent on the application referred to in sub-paragraph (c), and

(e) the application referred to in sub-paragraph (c) is subject to the pending application for first registration referred to in sub-paragraph (a).

(2) An application for an entry in the register in relation to the prior registrable disposition referred to in paragraph (1)(c) is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.

(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1)(b).

(4) Paragraph (2) does not have effect unless the pending application for first registration referred to in paragraph (1)(a) is in due course completed by registration of all or any part of the registrable estate.

(5) Paragraph (2) does not have effect unless both the pending application on which an official search confers priority referred to in paragraph (1)(b) and the application relating to the prior registrable disposition referred to in paragraph (1)(c) are—

(a) made before the end of that priority period, and

(b) in due course completed by registration.

Priority of concurrent applications for official searches with priority and concurrent official search certificates with priority

153

(1) Where two or more official search certificates with priority relating to the same registrable estate or charge or to the same registered land have been issued and are in operation, the certificates take effect, as far as relates to the priority conferred, in the order of the times at which the applications for official search with priority were entered on the day list, unless the applicants agree otherwise.

(2) Where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants for official search with priority have agreed that their applications have priority so as to give effect to the sequence of the documents effecting the transactions.

Applications lodged at the same time as the priority period expires

154

(1) Where an official search with priority has been made in respect of a registered title and an application relating to that title is taken as having been made at the same time as the expiry of the priority period relating to that search, the time of the making of that application is to be taken as within that priority period.

(2) Where an official search with priority has been made in respect of a pending application for first registration and a subsequent application relating to a registrable estate which is subject to that pending application for first registration, or was so subject before completion of the registration of that registrable estate, is taken as having been made at the same time as the expiry of the priority period relating to that search, the time of the making of that subsequent application is to be taken as within that priority period.

Official searches without priority

Application for official search without priority

155

(1) A person may apply for an official search without priority of an individual register of a registered title.

(2) Subject to rule 132(1), an application for an official search without priority must be made in Form OS3.

(3) Where the application is in Form OS3 and an accompanying plan is required, unless the registrar allows otherwise, the plan must be delivered in duplicate.

Issue of official search certificate without priority

156

(1) If an application for an official search without priority is in order, an official search certificate without priority must be issued.

(2) An official search certificate without priority may, at the registrar’s discretion, be issued in one or both of the following ways—

(a) in paper form, or

(b) under rule 132(2).

(3) Subject to paragraph (4), an official search certificate without priority issued under paragraph (2) must include such information specified in Part 3 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.

(4) If an official certificate of search is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 of Schedule 6, as the case may require.

Request for information

Information requested by telephone, oral or remote terminal application for an official search

157

(1) If an application under rule 147(3) or rule 155(2) has been made by telephone or orally by virtue of rule 132(1) in respect of a registered title, the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by telephone or orally, whether or not—

(a) there have been any relevant adverse entries made in the individual register since the search from date given in the application, or

(b) there is any relevant entry subsisting on the day list.

(2) If an application under rule 147(3) has been made by telephone or orally by virtue of rule 132(1) in respect of a legal estate subject to a pending application for first registration, the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by telephone or orally, whether or not there is any relevant entry subsisting on the day list.

(3) If an application under rule 147(3) or rule 155(2) has been made to the land registry computer system from a remote terminal by virtue of rule 132(1), the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by a transmission to the remote terminal, whether or not—

(a) in the case of an official search of a registered title, there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), or

(b) in the case of an official search of a legal estate subject to a pending application for first registration, there have been any relevant entries of the kind referred to in paragraph (2).

(4) Under this rule the registrar need not provide the applicant with details of any relevant entries.

Official searches for the purpose of the Family Law Act 1996 and information requests

Application for official search for the purpose of the Family Law Act 1996 by a mortgagee

158

(1) A mortgagee of land comprised in a registered title that consists of or includes all or part of a dwelling-house may apply for an official search certificate of the result of a search of the relevant individual register for the purpose of section 56(3) of the Family Law Act 1996⁴³.

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form MH3.

Issue of official search certificate result following an application made by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996

159

(1) An official search certificate giving the result of a search in respect of an application made under rule 158 may, at the registrar’s discretion, be issued in one or both of the following ways—

(a) in paper form, or

(b) under rule 132(2).

(2) Subject to paragraph (3), an official search certificate issued under paragraph (1) must include the information specified in Part 5 of Schedule 6.

(3) If an official search certificate is to be, or has been, issued under paragraph (1)(a), another official search certificate issued under rule 132(2) by virtue of paragraph (1)(b) in respect of the same application need only include the information specified at A, E and F of Part 5 of Schedule 6.

Information requested by an applicant for an official search for the purpose of the Family Law Act 1996

160

If an application has been made under rule 158 the registrar may, at his discretion, during the currency of a relevant notice given under Schedule 2, and in accordance with the limitations contained in that notice, before the official search has been completed, inform the applicant, by any means of communication, whether or not—

(a) a matrimonial home rights notice or matrimonial home rights caution has been entered in the individual register of the relevant registered title, or

(b) there is a pending application for the entry of a matrimonial home rights notice entered on the day list.

PART 14 — MISCELLANEOUS AND SPECIAL CASES

Dispositions by operation of law within section 27(5) of the Act

Applications to register dispositions by operation of law which are registrable dispositions

161

(1) Subject to paragraphs (2) and (3), an application to register a disposition by operation of law which is a registrable disposition must be accompanied by sufficient evidence of the disposition.

(2) Where a vesting order has been made, it must accompany the application.

(3) Where there is a vesting declaration to which section 40 of the Trustee Act 1925⁴⁴ applies, the application must be accompanied by the deed of appointment or retirement, and—

(a) a certificate from the conveyancer acting for the persons making the appointment or effecting the retirement that they are entitled to do so, or

(b) such other evidence to satisfy the registrar that the persons making the appointment or effecting the retirement are entitled to do so.

Death of proprietor

Transfer by a personal representative

162

(1) An application to register a transfer by a personal representative, who is not already registered as proprietor, must be accompanied by the original grant of probate or letters of administration showing him as the personal representative.

(2) The registrar shall not be under a duty to investigate the reasons a transfer of registered land by a personal representative of a deceased sole proprietor or last surviving joint proprietor is made nor to consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representative is acting correctly and within his powers.

Registration of a personal representative

163

(1) An application by a personal representative to become registered as proprietor of a registered estate or registered charge—

(a) in place of a deceased sole proprietor or the last surviving joint proprietor, or

(b) jointly with another personal representative who is already so registered, or

must be accompanied by the evidence specified in paragraph (2).

(2) Subject to paragraph (3), the evidence that must accompany an application under paragraph (1) is—

(a) the original grant of probate or letters of administration of the deceased proprietor showing the applicant as his personal representative, or

(b) a court order appointing the applicant as the deceased’s personal representative, or

(c) (where a conveyancer is acting for the applicant) a certificate given by the conveyancer that he holds the original or an office copy of such grant of probate, letters of administration or court order.

(3) An application under paragraph (1)(c) must be accompanied by evidence to satisfy the registrar that the appointment of the personal representative whom the applicant is replacing has been terminated.

(4) When registering a personal representative of a deceased proprietor, the registrar must add the following after the personal representative’s name—

executor or executrix (or administrator or administratrix) of [name] deceased

(5) Before registering another personal representative as a result of an application made under paragraph (1)(b) the registrar must serve notice upon the personal representative who is registered as proprietor.

Death of joint proprietor

164

An application for alteration of the register by the removal from the register of the name of a deceased joint proprietor of a registered estate or registered charge must be accompanied by evidence of his death.

Bankruptcy of proprietor

Bankruptcy notice

165

(1) The bankruptcy notice in relation to a registered estate must be entered in the proprietorship register and the bankruptcy notice in relation to a registered charge must be entered in the charges register in the following form—

BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of the [proprietor of the registered estate] or [the proprietor of the charge dated referred to above] appears to be affected by a petition in bankruptcy against [name of debtor], presented in the [name] Court (Court Reference Number) (Land Charges Reference Number PA).

(2) The registrar must give notice of the entry of a bankruptcy notice to the proprietor of the registered estate or registered charge to which it relates.

(3) In this rule, “bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act.

Bankruptcy restriction

166

(1) The bankruptcy restriction in relation to a registered estate must be entered in the proprietorship register and the bankruptcy restriction in relation to a registered charge must be entered in the charges register in the following form—

BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated referred to above] appears to be affected by a bankruptcy order made by the [name] Court (Court Reference Number) against [name of debtor] (Land Charges Reference Number WO).

[No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].

(2) The registrar must give notice of the entry of a bankruptcy restriction to the proprietor of the registered estate or registered charge to which it relates.

(3) In this rule, “bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.

Action of the registrar in relation to bankruptcy entries

167

(1) Where the registrar is satisfied that—

(a) the bankruptcy order has been annulled, or

(b) the bankruptcy petition has been dismissed or withdrawn with the court’s permission, or

(c) the bankruptcy proceedings do not affect or have ceased to affect the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered on the register,

he must as soon as practicable cancel any bankruptcy notice or bankruptcy restriction which relates to that bankruptcy order, to that bankruptcy petition or to those proceedings from the register.

(2) Where it appears to the registrar that there is doubt as to whether the debtor or bankrupt is the same person as the proprietor of the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered, he must as soon as practicable take such action as he considers necessary to resolve the doubt.

(3) In this rule—

“bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act, and

“bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.

Registration of trustee in bankruptcy

168

(1) Where—

(a) a proprietor has had a bankruptcy order made against him, or

(b) an insolvency administration order has been made in respect of a deceased proprietor,

and the bankrupt’s or deceased’s registered estate or registered charge has vested in the trustee in bankruptcy, the trustee may apply for the alteration of the register by registering himself in place of the bankrupt or deceased proprietor.

(2) The application must be supported by, as appropriate—

(a) the bankruptcy order relating to the bankrupt or the insolvency administration order relating to the deceased’s estate, and

(b) a certificate signed by the trustee that the registered estate or registered charge is comprised in the bankrupt’s estate or deceased’s estate, and

(c) where the official receiver is the trustee, a certificate by him to that effect, and, where the trustee is another person, the evidence referred to in paragraph (3).

(3) The evidence referred to at paragraph (2)(c) is—

(a) his certificate of appointment as trustee by the meeting of the bankrupt’s or deceased debtor’s creditors, or

(b) his certificate of appointment as trustee by the Secretary of State, or

(4) In this rule, “insolvency administration order” has the same meaning as in section 385(1) of the Insolvency Act 1986⁴⁵.

Trustee in bankruptcy vacating office

169

(1) This rule applies where—

(a) a trustee in bankruptcy, who has been registered as proprietor, vacates his office, and

(b) the official receiver or some other person has been appointed the trustee of the relevant bankrupt’s estate, and

(2) The application referred to in paragraph (1)(c) must be supported by the evidence required by rule 168(2)(c).

Description of trustee in register

170

Where the official receiver or another trustee in bankruptcy is registered as proprietor, the words “Official Receiver and trustee in bankruptcy of [name]” or “Trustee in bankruptcy of [name]” must be added to the register, as appropriate.

Overseas insolvency proceedings

Proceedings under the EC Regulation on insolvency proceedings

171

(1) A relevant person may apply for a note of a judgment opening insolvency proceedings to be entered in the register.

(2) An application under paragraph (1) must be accompanied by such evidence as the registrar may reasonably require.

(3) Following an application under paragraph (1) if the registrar is satisfied that the judgment opening insolvency proceedings has been made he may enter a note of the judgment in the register.

(4) In this rule—

“judgment opening insolvency proceedings” means a judgment opening proceedings within the meaning of article 3(1) of the Regulation,

“Regulation” means Council Regulation (EC) No 1346/2000⁴⁶,

“relevant person” means any person or body authorised under the provisions of article 22 of the Regulation to request or require an entry to be made in the register in respect of the judgment opening insolvency proceedings the subject of the application.

Pending land actions, writs and orders

Benefit of pending land actions, writs and orders

172

(1) For the purposes of section 34(1) of the Act, a relevant person shall be treated as having the benefit of the pending land action, writ or order, as appropriate.

(2) In determining whether a person has a sufficient interest in the making of an entry of a restriction under section 43(1)(c) of the Act, a relevant person shall be treated as having the benefit of the pending land action, writ or order, as appropriate.

(3) In this rule, “a relevant person” means a person (or his assignee or chargee, if appropriate) who is taking any action or proceedings which are within section 87(1)(a) of the Act, or who has obtained a writ or order within section 87(1)(b) of the Act.

The Crown

Escheat etc

173

(1) Where a registered freehold estate in land has determined, the registrar may enter a note of that fact in the property register and in the property register of any inferior affected registered title.

(2) Where the registrar considers that there is doubt as to whether a registered freehold estate in land has determined, the entry under paragraph (1) must be modified by a statement to that effect.

Church of England

Entry of Incumbent on a transfer to the Church Commissioners

174

(1) Where by virtue of any Act or Measure a transfer to the Church Commissioners has the effect, subject only to being completed by registration, of vesting any registered land either immediately or at a subsequent time in an incumbent or any other ecclesiastical corporation sole, the registrar must register the incumbent or such other ecclesiastical corporation as proprietor upon receipt of—

(a) an application,

(b) the transfer to the Church Commissioners, and

(2) The certificate in Form 4 may be given either in the transfer or in a separate document.

(3) In this rule, “Measure” means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.

Entry of Church Commissioners etc as proprietor

175

(1) When any registered land is transferred to or (subject only to completion by registration) vested in the Church Commissioners, any ecclesiastical corporation, aggregate or sole, or any other person, by—

(a) a scheme of the Church Commissioners, or

(b) an instrument taking effect on publication in the London Gazette made pursuant to any Act or Measure relating to or administered by the Church Commissioners, or

the registrar must, on application, register the Church Commissioners, such ecclesiastical corporation or such other person as proprietor.

(2) The application must be accompanied by—

(a) a certificate by the Church Commissioners in Form 5, and

(i) a copy of the London Gazette publishing the instrument, or

(ii) the transfer (if any).

(3) The certificate in Form 5 may be given either in the transfer or in a separate document.

(4) In this rule, “Measure” means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.

Charities

Non-exempt charities—restrictions

176

(1) The restriction which the registrar is required by section 37(8) or section 39(1B) of the Charities Act 1993⁴⁷ to enter in the register where one of those subsections applies must be the appropriate restriction.

(2) Any of the following applications must, if they relate to a registered or unregistered estate held by or in trust for a non-exempt charity, be accompanied by an application for entry of the appropriate restriction unless, in the case of a registered estate, that restriction is already in the register—

(a) an application for first registration of an unregistered estate unless the disposition which triggers the requirement of registration is effected by an instrument containing the statement set out in rule 179(b) or rule 180(2)(b) or (c),

(b) an application to register a transfer of a registered estate unless the disposition is effected by an instrument containing the statement set out in rule 179(b),

(c) an application under rule 161 to register the vesting of a registered estate in a person other than the proprietor of that estate.

(3) Where a registered estate is held by or in trust for a corporation and the corporation becomes a non-exempt charity, the charity trustees must apply for entry of the appropriate restriction.

(4) In this rule “the appropriate restriction” means a restriction in Form E.

Registration of trustees incorporated under Part VII of the Charities Act 1993

177

In any registrable disposition in favour of charity trustees incorporated under Part VII of the Charities Act 1993 they must be described as “a body corporate under Part VII of the Charities Act 1993” and the application to register the disposition must be accompanied by the certificate granted by the Charity Commissioners under section 50 of that Act.

Registration of official custodian

178

(1) An application to register the official custodian as proprietor of a registered estate or a registered charge must be accompanied by—

(a) an order of the court made under section 21(1) of the Charities Act 1993, or

(b) an order of the Charity Commissioners made under sections 16 or 18 of the Charities Act 1993.

(2) Where the estate or charge is vested in the official custodian by virtue of an order under section 18 of the Charities Act 1993, an application to register him as proprietor (whether under Chapter 1 of Part 2 of the Act or following a registrable disposition) must be accompanied by an application for the entry of a restriction in Form F.

(3) Where the official custodian is registered as proprietor of a registered estate or a registered charge, except where the estate or charge is vested in him by virtue of an order under section 18 of the Charities Act 1993, the address of the charity trustees or, where the registered estate or registered charge is held on behalf of a charity which is a corporation, the address of the charity, must be entered in the register as his address for service under rule 198.

Statements to be contained in dispositions in favour of a charity

179

The statement required by section 37(5) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms—

(a) “The land transferred (or as the case may be) will, as a result of this transfer (or as the case may be) be held by (or in trust for) (charity), an exempt charity.”

(b) “The land transferred (or as the case may be) will, as a result of this transfer (or as the case may be) be held by (or in trust for) (charity), a non-exempt charity, and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the land (subject to section 36(9) of that Act).”.

Statements to be contained in dispositions by a charity

180

(1) The statement required by section 37(1) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms—

(a) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), an exempt charity.”

(b) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, but this transfer (or as the case may be) is one falling within paragraph ((a), (b) or (c) as the case may be) of section 36(9) of the Charities Act 1993.”

(c) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this transfer (or as the case may be) is not one falling within paragraph (a), (b) or (c) of section 36(9) of the Charities Act 1993, so that the restrictions on disposition imposed by section 36 of that Act apply to the land.”.

(2) The statement required by section 39(1) of the Charities Act 1993 must, in a mortgage which is a registrable disposition or to which section 4(1)(g) of the Act applies, be in one of the following forms—

(a) “The land charged is held by (or in trust for) (charity), an exempt charity.”

(b) “The land charged is held by (or in trust for) (charity), a non-exempt charity, but this charge (or mortgage) is one falling within section 38(5) of the Charities Act 1993.”

(c) “The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 38(5) of the Charities Act 1993, so that the restrictions imposed by section 38 of that Act apply.”.

(3) The statement required by section 39(1A)(b) of the Charities Act 1993 must be in the following form—

The restrictions on disposition imposed by section 36 of the Charities Act 1993 also apply to the land (subject to section 36(9) of that Act).

Companies and other corporations

Registration of companies and limited liability partnerships

181

(1) Where a company registered in England and Wales or Scotland under the Companies Acts applies to be registered as proprietor of a registered estate or of a registered charge, the application must state the company’s registered number.

(2) If the company is a registered social landlord within the meaning of the Housing Act 1996⁴⁸, the application must also contain or be accompanied by a certificate to that effect.

(3) If the company is an unregistered housing association within the meaning of the Housing Associations Act 1985⁴⁹ and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must also contain or be accompanied by a certificate to that effect.

(4) Where a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000⁵⁰ applies to be registered as proprietor of a registered estate or of a registered charge, the application must state the limited liability partnership’s registered number.

Registration of trustees of charitable, ecclesiastical or public trust

182

(1) Subject to paragraph (4), where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts applies to be registered as proprietor of a registered estate or registered charge, the application must be accompanied by the document creating the trust.

(2) If the registered estate or registered charge to which the application relates is held on trust for a registered social landlord within the meaning of the Housing Act 1996, the application must also contain or be accompanied by a certificate to that effect.

(3) If the registered estate or registered charge to which the application relates is held on trust for an unregistered housing association within the meaning of the Housing Associations Act 1985 and is grant-aided land as defined in Schedule 1 to that Act, the application must also contain or be accompanied by a certificate to that effect.

(4) Paragraph (1) of this rule does not apply in the case of a registered estate or a registered charge held by or in trust for a non-exempt charity.

Registration of other corporations

183

(1) Where a corporation aggregate, to which rules 181 and 182 do not apply, makes an application to be registered as proprietor of a registered estate or registered charge the application must also be accompanied by evidence of the extent of its powers to hold and sell, mortgage, lease and otherwise deal with land and, in the case of a charge, to lend money on mortgage.

(2) The evidence must include the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, together with such further evidence as the registrar may require.

(3) If the corporation is a registered social landlord within the meaning of the Housing Act 1996, the application must contain or be accompanied by a certificate to that effect.

(4) If the corporation is an unregistered housing association within the meaning of the Housing Associations Act 1985 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must contain or be accompanied by a certificate to that effect.

Administration orders and liquidation of a company

184

(1) Paragraph (2) applies where a company which is the registered proprietor of a registered estate or registered charge is the subject of an administration order made under the Insolvency Act 1986⁵¹.

(2) Upon the application of the company’s administrator, supported by the order, the registrar must make an entry in the individual register of the relevant registered title as to the making of the order and the appointment of the administrator.

(3) Paragraphs (4) and (5) apply where a company which is the registered proprietor of a registered estate or registered charge is in liquidation.

(4) Upon the application of the company’s liquidator, the registrar must make an entry in the individual register of the relevant registered title as to the appointment of the liquidator.

(5) The application under paragraph (4) must be supported by the order, appointment by the Secretary of State or resolution under which the liquidator was appointed and such other evidence as the registrar may require.

Note of dissolution of a corporation

185

Where a corporation shown in an individual register as the proprietor of the registered estate or of a registered charge has been dissolved, the registrar may enter a note of that fact in the proprietorship register or in the charges register, as appropriate.

Settlements

186

Schedule 7 (which makes provision for the purposes of the Act in relation to the application to registered land of the enactments relating to settlements under the Settled Land Act 1925⁵²) has effect.

Adverse Possession

Interpretation

187

Where the application is to be registered as proprietor of a registered rentcharge, the references in rules 188, 189, 190, 192 and 193 to Schedule 6 to the Act are to Schedule 6 as applied by rule 191.

Applications for registration—procedure

188

(1) An application under paragraphs 1 or 6 of Schedule 6 to the Act must be in Form ADV1 and be accompanied by—

(a) a statutory declaration made by the applicant not more than one month before the application is taken to have been made, together with any supporting statutory declarations, to provide evidence of adverse possession of the registered estate in land or rentcharge against which the application is made for a period which if it were to continue from the date of the applicant’s statutory declaration to the date of the application would be—

(i) where the application is under paragraph 1, of not less than ten years (or sixty years, if paragraph 13 of Schedule 6 to the Act applies) ending on the date of the application, or

(ii) where the application is under paragraph 6, of not less than two years beginning with the date of rejection of the original application under paragraph 1 and ending on the date of the application,

(b) any additional evidence which the applicant considers necessary to support the claim.

(2) The statutory declaration by an applicant in support of an application under paragraph 1 of Schedule 6 to the Act must also—

(a) exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the application is to be registered as proprietor of a registered rentcharge,

(b) if reliance is placed on paragraph 1(2) of Schedule 6 to the Act, contain the facts relied upon with any appropriate exhibits,

(d) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues,

(e) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(f) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(g) if, should a person given notice under paragraph 2 of Schedule 6 to the Act require the application to be dealt with under paragraph 5 of that Schedule, it is intended to rely on one or more of the conditions set out in paragraph 5 of Schedule 6 to the Act, contain the facts supporting such reliance.

(3) The statutory declaration by an applicant in support of an application under paragraph 6 of Schedule 6 to the Act must also—

(a) exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the application is to be registered as proprietor of a registered rentcharge or the extent is the same as in the previous rejected application,

(b) contain full details of the previous rejected application,

(c) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(d) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(e) contain confirmation that paragraph 6(2) of Schedule 6 to the Act does not apply, and

(f) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues.

Time limit for reply to a notice of an application

189

The period for the purpose of paragraph 3(2) of Schedule 6 to the Act is the period ending at 12 noon on the sixty-fifth business day after the date of issue of the notice.

Notice under paragraph 3(2) of Schedule 6 to the Act

190

(1) A notice to the registrar under paragraph 3(2) of Schedule 6 to the Act from a person given a registrar’s notice must be—

(a) in Form NAP, and

(b) given to the registrar in the manner and at the address stated in the registrar’s notice.

(2) Form NAP must accompany a registrar’s notice.

(3) In this rule a “registrar’s notice” is a notice given by the registrar under paragraph 2 of Schedule 6 to the Act.

Adverse possession of rentcharges

191

Schedule 6 to the Act applies to the registration of an adverse possessor of a registered rentcharge in the modified form set out in Schedule 8.

Adverse possession of a rentcharge; non-payment of rent

192

(1) This rule applies where—

(a) a person is entitled to be registered as proprietor of a registered rentcharge under Schedule 6 to the Act, and

(b) if that person were so registered he would not be subject to a registered charge or registered lease or other interest protected in the register, and

(2) Where paragraph (1) applies the registrar must—

(a) close the whole of the registered title of the registered rentcharge, or

(b) cancel the registered rentcharge, if the registered title to it also comprises other rentcharges.

Prohibition of recovery of rent after adverse possession of a rentcharge

193

(1) When—

(a) a person has been registered as proprietor of a rentcharge, or

(b) the registered title to a rentcharge has been closed, or

following an application made under Schedule 6 to the Act, and, if appropriate, closure or cancellation under rule 192, no previous registered proprietor of the rentcharge may recover any rent due under the rentcharge from a person who has been in adverse possession of the rentcharge.

(2) Paragraph (1) applies whether the adverse possession arose either as a result of non-payment of the rent or by receipt of the rent from the person liable to pay it.

Registration as a person entitled to be notified of an application for adverse possession

194

(1) Any person who can satisfy the registrar that he has an interest in a registered estate in land or a registered rentcharge which would be prejudiced by the registration of any other person as proprietor of that estate under Schedule 6 to the Act or as proprietor of a registered rentcharge under that Schedule as applied by rule 191 may apply to be registered as a person to be notified under paragraph 2(1)(d) of Schedule 6.

(2) An application under paragraph (1) must be made in Form ADV2.

(3) The registrar must enter the name of the applicant in the proprietorship register as a person entitled to be notified under paragraph 2 of Schedule 6 to the Act.

Indemnity; interest on

Payment of interest on an indemnity

195

(1) Subject to paragraph (4), interest is payable on the amount of any indemnity paid under Schedule 8 to the Act for the period specified in paragraph (2) at the rate specified in paragraph (3).

(2) Interest is payable—

(a) where paragraph 1(1)(a) of Schedule 8 applies, from the date of the rectification to the date of payment,

(b) where any other sub-paragraph of paragraph 1(1) of Schedule 8 applies, from the date the loss is suffered by reason of the relevant mistake, loss, destruction or failure to the date of payment,

but excluding any period or periods where the registrar or the court is satisfied that the claimant has not taken reasonable steps to pursue with due diligence the claim for indemnity or, where relevant, the application for rectification.

(3) Interest is payable at the applicable rate or rates set for court judgment debts.

(4) Interest is payable in respect of an indemnity on account of costs or expenses within paragraph 3 of Schedule 8 from the date when the claimant pays them to the date of payment.

(5) A reference in this rule to a period from a date to the date of payment excludes the former date but includes the latter date.

Statements under the Leasehold Reform, Housing and Urban Development Act 1993

Statements in transfers or conveyances and leases under the Leasehold Reform, Housing and Urban Development Act 1993

196

(1) The statement required by section 34(10) of the Leasehold Reform, Housing and Urban Development Act 1993⁵³ to be contained in a conveyance executed for the purposes of Chapter I of Part I of that Act must be in the following form:

This conveyance (or transfer) is executed for the purposes of Chapter I of Part I of the Leasehold Reform, Housing and Urban Development Act 1993.

(2) The statement required by section 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 to be contained in any new lease granted under section 56 of that Act must be in the following form:

This lease is granted under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993.

PART 15 — GENERAL PROVISIONS

Notices and Addresses for Service

Content of notice

197

(1) Every notice given by the registrar must—

(a) fix the time within which the recipient is to take any action required by the notice,

(b) state what the consequence will be of a failure to take such action as is required by the notice within the time fixed,

(2) Except where otherwise provided by these rules, the time fixed by the notice will be the period ending at 12 noon on the fifteenth business day after the date of issue of the notice.

Address for service of notice

198

(1) A person who is (or will as a result of an application be) a person within paragraph (2) must give the registrar an address for service to which all notices and other communications to him by the registrar may be sent, as provided by paragraph (3).

(2) The persons referred to in paragraph (1) are—

(a) the registered proprietor of a registered estate or registered charge,

(b) the registered beneficiary of a unilateral notice,

(d) a person whose name and address is required to be included in a standard restriction set out in Schedule 4 or whose consent or certificate is required, or upon whom notice is required to be served by the registrar or another person, under any other restriction,

(e) a person entitled to be notified of an application for adverse possession under rule 194,

(f) a person who objects to an application under section 73 of the Act,

(g) a person who gives notice to the registrar under paragraph 3(2) of Schedule 6 to the Act, and

(h) any person who while dealing with the registrar in connection with registered land or a caution against first registration is requested by the registrar to give an address for service.

(3) A person within paragraph (1) must give the registrar an address for service which is a postal address, whether or not in the United Kingdom.

(4) A person within paragraph (1) may give the registrar one or two additional addresses for service, provided that he may not have more than three addresses for service, and the address or addresses must be—

(a) a postal address, whether or not in the United Kingdom, or

(b) subject to paragraph (7), a box number at a United Kingdom document exchange, or

(5) Subject to paragraphs (3) and (4) a person within paragraph (1) may give the registrar a replacement address for service.

(6) A cautioner who is entered in the register of title in respect of a caution against dealings under section 54 of the Land Registration Act 1925 may give the registrar a replacement or additional address for service provided that—

(a) he may not have more than three addresses for service,

(b) one of his addresses for service must be a postal address, whether or not in the United Kingdom, and

(7) The box number referred to at paragraph (4)(b) must be at a United Kingdom document exchange to which delivery can be made on behalf of the land registry under arrangements already in existence between the land registry and a service provider at the time the box number details are provided to the registrar under this rule.

(8) In this rule an electronic address means—

(a) an e-mail address, or

(b) any other form of electronic address specified in a direction under paragraph (9).

(9) If the registrar is satisfied that a form of electronic address, other than an e-mail address, is a suitable form of address for service he may issue a direction to that effect.

(10) A direction under paragraph (9) may contain such conditions or limitations or both as the registrar considers appropriate.

(11) A person within paragraph (2)(d) shall be treated as having complied with any duty imposed on him under paragraph (1) where rule 92(2)(b) has been complied with.

Service of notice

199

(1) All notices which the registrar is required to give may be served—

(a) by post, to any postal address in the United Kingdom entered in the register as an address for service,

(b) by post, to any postal address outside the United Kingdom entered in the register as an address for service,

(d) by directing the notice to the relevant box number at any document exchange entered in the register as an address for service,

(e) by electronic transmission to the electronic address entered in the register as an address for service,

(f) subject to paragraph (3), by fax, or

(g) by any of the methods of service given in sub-paragraphs (a), (b), (c) and (d) to any other address where the registrar believes the addressee is likely to receive it.

(2) In paragraph (1) references to an address or box number “entered in the register as an address for service” include an address for service given under rule 198(2)(h), whether or not it is entered in the register.

(3) The notice may be served by fax if the recipient has informed the registrar in writing—

(a) that the recipient is willing to accept service of the notice by fax, and

(b) of the fax number to which it should be sent.

(4) Service of a notice which is served in accordance with this rule shall be regarded as having taken place at the time shown in the table below—

Method of service	Time of service
Post to an address in the United Kingdom	The second working day after posting
Leaving at a postal address	The working day after it was left
Post to an address outside the United Kingdom	The seventh working day after posting
Document exchange	On the second working day after it was left at the registrar’s document exchange
Fax	The working day after transmission
Electronic transmission to an electronic address	The second working day after transmission

(5) In this rule “post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such a period as is reasonable in all the circumstances.

(6) In paragraphs (4) and (5), “working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971⁵⁴ or appointed by the Lord Chancellor.

Specialist assistance

Use of specialist assistance by the registrar

200

(1) The registrar may refer to an appropriate specialist—

(a) the examination of the whole or part of any title lodged with an application for first registration, or

(b) any question or other matter which arises in the course of any proceedings before the registrar and which, in his opinion, requires the advice of an appropriate specialist.

(2) The registrar may act upon the advice or opinion of an appropriate specialist to whom he has referred a matter under paragraph (1).

(3) In this rule, “appropriate specialist” means a person who the registrar considers has the appropriate knowledge, experience and expertise to advise on the matter referred to him.

Proceedings before the registrar

Production of documents

201

(1) The registrar may only exercise the power conferred on him by section 75(1) of the Act if he receives from a person who is a party to proceedings before him a request that he should require a document holder to produce a document for the purpose of those proceedings.

(2) The request must be made—

(a) in paper form in Form PRD1 delivered to such office of the land registry as the registrar may direct, or

(b) during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, by delivering the request to the registrar, by any means of communication, other than as mentioned in sub-paragraph (a).

(3) The registrar must give notice of the request to the document holder.

(4) The address for the document holder provided in Form PRD1 is to be regarded for the purpose of rule 199 as an address for service given under rule 198(2)(h).

(5) The notice must give the document holder a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

(6) The response must—

(a) state whether or not the document holder opposes the request,

(b) if he does, state in full the grounds for that opposition,

(d) be signed by the document holder or his conveyancer.

(7) The registrar must determine the matter on the basis of the request and any response submitted to him and, subject to paragraph (8), he may make the requirement by sending a notice in Form PRD2 to the document holder if he is satisfied that—

(a) the document is in the control of the document holder, and

(b) the document may be relevant to the proceedings, and

and he is not aware of any valid ground entitling the document holder to withhold the document.

(8) The registrar may, as a condition of making the requirement, provide that the person who has made the request should pay the reasonable costs incurred in complying with the requirement by the document holder.

(9) In this rule, “document holder” means the person who is alleged to have control of a document which is the subject of a request under paragraph (1).

Costs

202

(1) A person who has incurred costs in relation to proceedings before the registrar may request the registrar to make an order requiring a party to those proceedings to pay the whole or part of those costs.

(2) The registrar may only order a party to proceedings before him to pay costs where those costs have been occasioned by the unreasonable conduct of that party in relation to the proceedings.

(3) Subject to paragraph (5), a request for the payment of costs must be made by delivering to the registrar a written statement in paper form by 12 noon on the twentieth business day after the completion of the proceedings to which the request relates.

(4) The statement must—

(a) identify the party against whom the order is sought and include an address where notice may be served on that party,

(b) state in full the grounds for the request,

(d) be signed by the person making the request or his conveyancer.

(5) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, a request under this rule may also be made by delivering the written statement to the registrar, by any means of communication, other than as mentioned in paragraph (3).

(6) The registrar must give notice of the request to the party against whom the order is sought at the address provided under paragraph (4)(a) and if that party has an address for service in an individual register that relates to the proceedings, at that address.

(7) An address for a party provided under paragraph (4)(a) is to be regarded for the purpose of rule 199 as if it was an address for service given under rule 198(2)(h).

(8) The notice must give the recipient a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

(9) The response must—

(a) state whether or not the recipient opposes the request,

(b) if he does, state in full the grounds for that opposition,

(d) be signed by the recipient or his conveyancer.

(10) The registrar must determine the matter on the basis of: the written request and any response submitted to him, all the circumstances including the conduct of the parties, and the result of any enquiries he considers it necessary to make.

(11) The registrar must send to all parties his written reasons for any order he makes under paragraph (1).

(12) An order under paragraph (1) may—

(a) require a party against whom it is made to pay to the requesting party the whole or such part as the registrar thinks fit of the costs incurred in the proceedings by the requesting party,

(b) specify the sum to be paid or require the costs to be assessed by the court (if not otherwise agreed), and specify the basis of the assessment to be used by the court.

Retention and return of documents

Retention of documents on completion of an application

203

(1) Subject to paragraphs (2) to (5), on completion of any application the registrar may retain all or any of the documents that accompanied the application and must return all other such documents to the applicant or as otherwise specified in the application.

(2) When making an application, an applicant or his conveyancer may request the return of all or any of the documents accompanying the application.

(3) Except on an application for first registration, a person making a request under paragraph (2) must deliver with the application certified copies of the documents which are the subject of the request.

(4) On an application for first registration, a person making a request under paragraph (2) for the return of any statutory declaration, subsisting lease, subsisting charge or the latest document of title must deliver with the application certified copies of any such documents as are the subject of the request, but shall not be required to deliver copies of any other documents.

(5) Subject to the delivery of any certified copies required under paragraphs (3) or (4), the registrar must comply with any request made under paragraph (2).

(6) The registrar may destroy any document retained under paragraph (1) if he is satisfied that either—

(a) he has made and retained a sufficient copy of the document, or

(b) further retention of the document is unnecessary.

(7) If the registrar considers that he no longer requires delivery of certified copies of documents, or classes of documents, under this rule he may, in such manner as he thinks appropriate for informing persons who wish to make applications, give notice to that effect and on and after the date specified in such notice—

(a) the requirement under this rule to deliver certified copies of the documents covered by the notice no longer applies, and

(b) the registrar may amend any Schedule 1 form to reflect that fact.

(8) In paragraph (4) the “latest document of title” means the document vesting the estate sought to be registered in the applicant or where the estate vested in the applicant by operation of law the most recent document that vested the estate in a predecessor of the applicant.

Request for the return of certain documents

204

(1) This rule applies to all documents on which any entry in the register of title is or was founded and which are kept by the registrar on the relevant date.

(2) During the period of 5 years beginning with the relevant date any person who delivered a document to the registrar may request the return of that document.

(3) Where at the time of the delivery of the document the person delivering the document was the registered proprietor, or was applying to become the registered proprietor, of any registered estate or registered charge in respect of which the entry referred to in paragraph (1) was made, a person who is at the date of the request the registered proprietor of any part of the same registered estate or registered charge may make a request under paragraph (2) for the document to be returned to him.

(4) Subject to paragraph (5), if, at the date of the request under paragraph (2), the document is kept by the registrar he must return it to the person making the request.

(5) If the registrar receives more than one request under paragraph (2) in respect of the same document, he may either retain the document or, in his discretion, return it to one of the persons making a request.

(6) At the end of the period mentioned in paragraph (2) if there is no outstanding request in relation to the document the registrar may destroy any document if he is satisfied that—

(a) he has retained a copy of the document, or

(b) further retention of the document is unnecessary.

(7) Where a request is made for the return of a document after the end of the period mentioned in paragraph (2), the registrar may treat the request as a request under paragraph (2).

(8) The “relevant date” for the purpose of this rule is the date on which these rules come into force.

Release of documents kept by the registrar

205

The registrar may release any document retained under rule 203(1) or to which rule 204 applies upon such terms, if any, for its return as he considers appropriate.

Forms

Use of forms

206

(1) Subject to paragraph (4) and to rules 208 and 209, the Schedule 1 forms must be used where required by these rules and must be prepared in accordance with the requirements of rules 210 and 211.

(2) Subject to paragraph (4) and to rules 208 and 209, except where these rules require the use of a Schedule 1 form, the Schedule 3 forms must be used in all matters to which they refer, or are capable of being applied or adapted, with such alterations and additions as are desired and the registrar allows.

(3) Subject to rule 208(2), the forms of execution in Schedule 9 must be used in the execution of dispositions in the scheduled forms in the cases for which they are provided, or are capable of being applied or adapted, with such alterations and additions, if any, as the registrar may allow.

(4) A requirement in these rules to use a scheduled form is subject, where appropriate, to the provisions in these rules relating to the making of applications and issuing results of applications other than in paper form, during the currency of a notice given under Schedule 2.

Adaptation of certain Schedule 1 forms to provide for direct debit

207

(1) This rule applies where—

(a) a Schedule 1 form has a payment of fee panel which does not provide for payment by direct debit, and

(b) a fee order made under section 102 of the Act and sections 2 and 3 of the Public Offices Fees Act 1879⁵⁵ permits, where there is an agreement with the registrar, payment by direct debit of the fee for the matter in respect of which that form is prescribed, and

(c) the registrar intends to enter into an agreement under the fee order which will enable a person to pay that fee by direct debit.

(2) Where paragraph (1) applies the registrar may amend the payment of fee panel of the affected form to include provision for payment by direct debit and make any consequential amendments to the form.

(3) Where a form has been amended under paragraph (2) a person not paying by direct debit may use the form as amended or as unamended.

Welsh language forms

208

(1) Where the registrar, in exercise of his powers under section 100(4) of the Act, publishes an instrument as the Welsh language version of a scheduled form, the instrument shall be regarded as being in the scheduled form.

(2) In place of the form of execution provided by Schedule 9, an instrument referred to in paragraph (1) may be executed using a form of execution approved by the registrar as the Welsh language version of the Schedule 9 form.

(3) An instrument containing a statement approved by the registrar as the Welsh language version of a statement prescribed by these rules shall be regarded as containing the prescribed statement.

(4) An instrument containing a provision approved by the registrar as the Welsh language version of a provision prescribed by these rules shall be regarded as containing the prescribed provision.

Use of non-prescribed forms

209

(1) This rule applies where—

(a) an application should be accompanied by a scheduled form and a person wishes to make an application relying instead upon an alternative document that is not the relevant scheduled form, and

(b) it is not possible for that person to obtain and lodge the relevant scheduled form (duly executed, if appropriate) at the land registry or it is only possible to do so at unreasonable expense.

(2) Such a person may make a request to the registrar, either before or at the time of making the application which should be accompanied by the relevant scheduled form, that he be permitted to rely upon the alternative document.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b) and include the original, or, if the request is made before the application, a copy, of the alternative document.

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by allowing the alternative document to be relied upon instead of the relevant scheduled form, he may permit such reliance.

(5) If the registrar allows the request it may be on condition that the person making the request provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar’s powers under the Act.

Documents in a Schedule 1 form

210

(1) Subject to rule 211, any application or document in one of the Schedule 1 forms must—

(a) be printed on durable A4 size paper,

(b) be reproduced as set out in the Schedule as to its wording, layout, ruling, font and point size, and

(2) Where on a Schedule 1 form (other than Form DL) any panel is insufficient in size to contain the required insertions, and the method of production of the form does not allow the depth of the panel to be increased, the information to be inserted in the panel must be continued on a continuation sheet in Form CS.

(3) When completing a Schedule 1 form containing an additional provisions panel, any statement, certificate or application required or permitted by these rules to be included in the form for which the form does not otherwise provide and any additional provisions desired by the parties must be inserted in that panel or a continuation of it.

(4) Where the form consists of more than one sheet of paper, or refers to an attached plan or a continuation sheet, all the sheets and any plan must be securely fastened together.

Electronically produced forms

211

(1) Where the method of production of a Schedule 1 form permits—

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.