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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

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(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 1993[^f00047] 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 1996[^f00048], 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 1985[^f00049] 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 2000[^f00050] 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 1986[^f00051].

(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 1925[^f00052]) 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 1993[^f00053] 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 1971[^f00054] 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 1879[^f00055] 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—

(a) the depth of a panel may be increased or reduced to fit the material to be comprised in it, and a panel may be divided at a page break,

(b) instructions in italics may be omitted,

(d) the plural may be used instead of the singular and the singular instead of the plural,

(e) panels which would contain only the panel number and the panel heading may be omitted, but such omission must not affect the numbering of subsequent panels,

(f) “X” boxes may be omitted where all inapplicable statements and certificates have been omitted,

(g) the sub-headings in an additional provisions panel may be added to, amended, repositioned or omitted,

(h) “Seller” may be substituted for “Transferor” and “Buyer” for “Transferee” in a transfer on sale,

(i) the vertical lines which define the left and right boundaries of the panel may be omitted.

Documents where no form is prescribed

212

(1) Documents for which no form is prescribed must be in such form as the registrar may direct or allow.

(2) A document prepared under this rule must not bear the number of a Schedule 1 form.

(3) A document affecting a registered title must refer to the title number.

Documents accompanying applications

Identification of part of the registered title dealt with

213

(1) Subject to paragraphs (4) and (5) of this rule, a document lodged at the land registry dealing with part of the land in a registered title must have attached to it a plan identifying clearly the land dealt with.

(2) Where the document is a disposition, the disponor must sign the plan.

(3) Where the document is an application, the applicant must sign the plan.

(4) If the land dealt with is identified clearly on the title plan of the registered title, it may instead be described by reference to that title plan.

(5) Where a disposition complies with this rule, the application lodged in respect of it need not.

Lodging of copy instead of an original document

214

(1) Subject to paragraphs (2), (3) and (4), where a rule requires that an application be accompanied by an original document (for instance, a grant of representation) the applicant may, instead of lodging the original, lodge a certified or office copy of that document.

(2) This rule does not apply to—

(a) any document required to be lodged under Part 4,

(b) a scheduled form,

(3) This rule does not apply also where the registrar considers that the circumstances are such that the original of a document should be lodged and the applicant has possession, or the right to possession, of that original document.

(4) Where this rule permits a certified or office copy of a document to be lodged the registrar may permit an uncertified copy of the document to be lodged instead.

Documents and other evidence in support of an application

215

(1) This rule applies where—

(a) the lodging of a document (not being a scheduled form) or other evidence in support of an application is required by these rules, and

(b) the document or other evidence is in the particular case unnecessary or the purpose of the lodging of the document or other evidence can be achieved by another document or other evidence.

(2) An applicant may request the registrar to be relieved of the requirement.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b).

(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 relieving the applicant of the requirement, he may so relieve the applicant.

(5) If the registrar allows the request it may be on condition that the applicant 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.

Land Registry – when open for business

Days on which the Land Registry is open for business

216

(1) Subject to paragraph (2), the land registry shall be open to the public daily except on Saturdays, Sundays, Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971[^f00056] or appointed by the Lord Chancellor.

(2) If the registrar is satisfied that adequate arrangements have been made or will be in place for opening the land registry to the public on Saturdays, he may, in such manner as he considers appropriate, give notice to that effect.

(3) On and after the date specified in any notice given pursuant to paragraph (2), paragraph (1) shall have effect as though the word “Saturdays” had been omitted.

(4) The date referred to in paragraph (3) must be at least eight weeks after the date of the notice.

(5) On and after the date specified in any notice given pursuant to paragraph (2), the periods in column 3 in the table below are substituted for the periods in column 2 in that table in the rules to which they relate.

(1) Rule	(2) Prescribed period before any notice given under rule 216(2) takes effect	(3) Prescribed period after any notice given under rule 216(2) takes effect
16(1)	Twenty business days	twenty-four business days
31(2)	the twentieth business day	the twenty-fourth business day
53(1)	the fifteenth business day	the eighteenth business day
53(1)	the thirtieth business day	the thirty-sixth business day
53(3)	the thirtieth business day	the thirty-sixth business day
53(4)	the fifteenth business day	the eighteenth business day
54(9)	the fourth business day	the fourth business day
55(4)	fifteen business days	Eighteen business days
86(3)	the fifteenth business day	the eighteenth business day
86(3)	the thirtieth business day	the thirty-sixth business day
86(5)	the thirtieth business day	the thirty-sixth business day
86(6)	the fifteenth business day	the eighteenth business day
92(9)	the fifteenth business day	the eighteenth business day
119(3)	the twentieth business day	the twenty-fourth business day
189	the sixty-fifth business day	the seventy-eighth business day
197(2)	the fifteenth business day	the eighteenth business day
201(5)	the twentieth business day	the twenty-fourth business day
202(3)	the twentieth business day	the twenty-fourth business day
202(8)	the twentieth business day	the twenty-fourth business day
218	the fifteenth business day	the eighteenth business day

Interpretation

General Interpretation

217

(1) In these rules—

“the Act” means the Land Registration Act 2002[^f00057],

“affecting franchise” means a franchise which relates to a defined area of land and is an adverse right affecting, or capable of affecting, the title to an estate or charge,

“business day” means a day when the land registry is open to the public under rule 216,

“caution plan” has the meaning given by rule 41(4),

“caution title number” has the meaning given by rule 41(1),

“certified copy” means a copy of a document which a conveyancer, or such other person as the registrar may permit, has certified on its face to be a true copy of the original and endorsed with his name and address, and the reference to a conveyancer includes where the document is one referred to in— rule 168(2)(a) or 168(3), the bankrupt’s trustee in bankruptcy or the official receiver, rule 184(2), the company’s administrator, rule 184(5), the company’s liquidator,

“charges register” is the register so named in rule 4 the contents of which are described in rule 9,

“charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993[^f00058] respectively,

“Companies Acts” means the Companies Act 1985[^f00059], any Act amending or replacing that Act and any former enactment relating to companies,

“control” in relation to a document of which a person has control means physical possession, or the right to possession, or right to take copies of the document,

“conveyancer” means— a solicitor, or a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985[^f00060], or a fellow of the Institute of Legal Executives, and a reference to a person’s conveyancer is a reference to a solicitor, licensed conveyancer or fellow of the Institute of Legal Executives who is acting on that person’s behalf,

“day list” has the same meaning given by rule 12,

“exempt charity” has the same meaning as in section 96 of the Charities Act 1993 and “non-exempt charity” means a charity which is not an exempt charity,

“index map” has the meaning given by rule 10(1)(a),

“index of proprietors' names” has the meaning given by rule 11(1),

“index of relating franchises and manors” is the index described in rule 10(1)(b),

“individual caution register” is the register so named in rule 41(1) the arrangement of which is described in rule 41(2),

“individual register” is the register so named in rule 2 the contents and arrangement of which are described in rules 3 and 4,

“inheritance tax notice” means a notice in respect of an Inland Revenue charge arising under Part III of the Finance Act 1975[^f00061] or section 237 of the Inheritance Tax Act 1984[^f00062],

“matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967[^f00063] before 14 February 1983,

“matrimonial home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996[^f00064], or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983[^f00065] or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967,

“official custodian” means the official custodian for charities,

“old tenancy” means a tenancy as defined in section 28 of the Landlord and Tenant (Covenants) Act 1995[^f00066] which is not a new tenancy as defined in section 1 of that Act,

“overseas company” means a company incorporated outside Great Britain,

“property register” is the register so named in rule 4 the contents of which are described in rules 5, 6 and 7,

“proprietorship register” is the register so named in rule 4 the contents of which are described in rule 8,

“registered title” means an individual register and any title plan referred to in that register,

“relating franchise” means a franchise which is not an affecting franchise,

“Schedule 1 form” means a form in Schedule 1,

“Schedule 3 form” means a form in Schedule 3,

“scheduled form” means a Schedule 1 form or a Schedule 3 form,

“section 33(5) order” means an order made under section 33(5) of the Family Law Act 1996,

“statutory declaration” includes affidavit,

“title number” has the meaning given by rule 4,

“title plan” has the meaning given by rule 5,

“trust corporation” has the same meaning as in the Settled Land Act 1925[^f00067],

“trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993,

“unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985[^f00068] applies.

(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.

(3) A reference in these rules to Forms A to Y and Forms AA to HH (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.

PART 16 — TRANSITIONAL

Cautions against dealings

Definitions

218

In this Part—

“the 1925 Act” means the Land Registration Act 1925[^f00069],

“caution” means a caution entered in the register of title under section 54 of the 1925 Act,

“cautioner” includes his personal representative,

“the notice period” is the period ending at 12 noon on the fifteenth business day, or ending at 12 noon on such later business day as the registrar may allow, after the date of issue of the notice.

219

Any consent given under section 55 or 56 of the 1925 Act must be in writing signed by the person giving it or his conveyancer.

Notice under section 55(1) of the 1925 Act and under rule 223(3)

220

(1) Rule 199 applies to the method of service of a notice under section 55(1) of the 1925 Act and under rule 223(3).

(2) The notice period applies to a notice served under section 55(1) of the 1925 Act and to one served under rule 223(3).

Cautioner showing cause

221

(1) This rule applies where notice is served under section 55(1) of the 1925 Act or rule 223(3).

(2) At any time before expiry of the notice period, the cautioner may show cause why the registrar should not give effect to the application that resulted in the notice being served.

(3) To show cause, the cautioner must—

(a) deliver to the registrar, in the manner and to the address stated in the notice, a written statement signed by the cautioner or his conveyancer setting out the grounds relied upon, and

(b) show that he has a fairly arguable case for the registrar not to give effect to the application that resulted in the notice being served.

(4) If, after reading the written statement, and after making any enquiries he thinks necessary, the registrar is satisfied that cause has been shown, he must order that the caution is to continue until withdrawn or otherwise disposed of under these rules or the Act.

(5) Where the registrar makes an order under paragraph (4)—

(a) the registrar must give notice to the applicant and the cautioner that he has made the order and of the effect of sub-paragraph (b),

(b) the cautioner is to be treated as having objected under section 73 of the Act to the application that resulted in notice being served, and

(c) the notice given by the registrar under sub-paragraph (a) to the applicant is to be treated as notice given under section 73(5)(a) of the Act.

(6) If after service of the notice under section 55(1) of the 1925 Act or rule 223(3) the application that resulted in the notice being served is cancelled, withdrawn or otherwise does not proceed, the registrar must make an order that the caution will continue to have effect, unless he has already done so or the caution has been cancelled.

Withdrawal of a caution by the cautioner

222

(1) The cautioner may at any time apply to withdraw his caution in Form WCT.

(2) The form must be signed by the cautioner or his conveyancer.

Cancellation of a caution—application by the proprietor etc

223

(1) A person may apply to the registrar for the cancellation of a caution if he is—

(a) the proprietor of the registered estate or a registered charge to which the caution relates, or

(b) a person who, but for the existence of the caution, would be entitled to be registered as the proprietor of that estate or charge.

(2) An application for the cancellation of a caution must be in Form CCD.

(3) Where application is made under this rule, the registrar must give the cautioner notice of the application.

(4) Following the expiry of the notice period, unless the registrar makes an order under rule 221(4), the registrar must cancel the entry of the caution.

Rentcharges and adverse possession

Registered rentcharges held in trust under section 75(1) of the 1925 Act on commencement

224

Where a rentcharge is held in trust under section 75(1) of the Land Registration Act 1925 immediately before the coming into force of section 97 of the Act, the beneficiary of the trust may apply—

(a) to be registered as proprietor of the rentcharge, or

(b) for the registration of the rentcharge to be cancelled.

SCHEDULE 1 — SCHEDULE 1 FORMS REFERRED TO IN RULES 206, 207A AND 210

SCHEDULE 2 — NOTICES PUBLICISING ARRANGEMENTS FOR ELECTRONIC AND OTHER MODES OF DELIVERY OF APPLICATIONS AND OTHER MATTERS

1

If the registrar is satisfied that adequate arrangements have been made or will be in place for dealing with the applications and other matters specified in paragraph 2 by means other than post, document exchange or personal delivery, he may, in such manner as he thinks appropriate, give notice publicising the arrangements.

2

The applications and other matters referred to in paragraph 1 are—

(a) an application by electronic means under rule 14,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an application and the result of an application or search under Part 13 to which rule 132 applies,

(e) information requested by an applicant for an official search for the purpose of the Family Law Act 1996 under rule 160,

(f) a request to the registrar that he require a person to produce documents under rule 201(2)(b),

(g) a request for an order requiring a party to proceedings before the registrar to pay costs under rule 202(5).

3

Subject to paragraphs 4, 5 and 6, a notice given under paragraph 1 will be current from the time specified in the notice until the time, if any, specified in the notice or if no expiry date is specified in the notice, indefinitely.

4

A notice given under paragraph 1 may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.

5

If and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications covered by a notice given under paragraph 1, such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current.

6

Paragraph 5 will apply despite the absence of a variation, suspension or withdrawal of the notice under paragraph 4.

7

The provisions referred to in paragraph 2 will not prevent the registrar, at his discretion, from refusing to accept an application or request made, or to issue a result, under any of those provisions in an individual case.

SCHEDULE 3 — SCHEDULE 3 FORMS REFERRED TO IN RULE 206

SCHEDULE 4 — STANDARD FORMS OF RESTRICTION

Form A (Restriction on dispositions by sole proprietor)

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

Form B (Dispositions by trustees—certificate required)

No disposition [or specify details] by the proprietors of the registered estate is to be registered unless they make a statutory declaration, or their conveyancer gives a certificate, that the disposition [or specify details] is in accordance with [specify the disposition creating the trust] or some variation thereof referred to in the declaration or certificate.

Form C (Dispositions by personal representatives—certificate required)

No disposition by [name], the [executor or administrator] of [name] deceased, other than a transfer as personal representative, is to be registered unless he makes a statutory declaration, or his conveyancer gives a certificate, that the disposition is in accordance with the terms [of the will of the deceased or the law relating to intestacy as varied by a deed dated specify details of deed or specify appropriate details] or [some variation or further variation] thereof referred to in the declaration or certificate, or is necessary for the purposes of administration.

Form D (Parsonage, church or churchyard land)

No disposition of the registered estate is to be registered unless made in accordance with [the Parsonages Measure 1938 (in the case of parsonage land) or the New Parishes Measure 1943 (in the case of church or churchyard land)] or some other Measure or authority.

Form E (Non-exempt charity—certificate required)

No disposition by the proprietor of the registered estate to which section 36 or section 38 of the Charities Act 1993 applies is to be registered unless the instrument contains a certificate complying with section 37(2) or section 39(2) of that Act as appropriate.

Form F (Land vested in official custodian on trust for non-exempt charity—authority required)

No disposition executed by the trustees of [charity] in the name and on behalf of the proprietor shall be registered unless the transaction is authorised by an order of the court or of the Charity Commissioners, as required by section 22(3) of the Charities Act 1993.

Form G (Tenant for life as registered proprietor of settled land, where there are trustees of the settlement)

No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and no disposition under which capital money arises is to be registered unless the money is paid to (name) of (address) and (name) of (address), (the trustees of the settlement, who may be a sole trust corporation or, if individuals, must number at least two but not more than four) or into court.

Note—If applicable under the terms of the settlement, a further provision may be added that no transfer of the mansion house (shown on an attached plan or otherwise adequately described to enable it to be fully identified on the Ordnance Survey map or title plan) is to be registered without the consent of the named trustees or an order of the court.

Form H (Statutory owners as trustees of the settlement and registered proprietors of settled land)

No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and, except where the sole proprietor is a trust corporation, no disposition under which capital money arises is to be registered unless the money is paid to at least two proprietors.

Form I (Tenant for life as registered proprietor of settled land—no trustees of the settlement)

No disposition under which capital money arises, or which is not authorised by the Settled Land Act 1925 or by any extension of those statutory powers in the settlement, is to be registered.

Form J (Trustee in bankruptcy and beneficial interest—certificate required)

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of trustee in bankruptcy] (the trustee in bankruptcy of [name of bankrupt person]) at [address for service].

Form K (Charging order affecting beneficial interest—certificate required)

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference).

Form L (Disposition by registered proprietor of a registered estate or proprietor of charge—certificate required)

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge,] is to be registered without a certificate

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details]]

that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

Form M (Disposition by registered proprietor of registered estate or proprietor of charge—certificate of registered proprietor of specified title number required)

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number [title number] [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details], that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the estate registered under title number [title number], [(or his conveyancer, or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details].

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the charge dated [date] in favour of [chargee] referred to in the charges register [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details].

No disposition [or specify details] of [the registered estate or the registered charge dated [date] (referred to above)] by the proprietor [of the registered estate or of that registered charge] is to be registered after the death of [name of the current proprietor(s) whose personal representative’s consent will be required] without the written consent of the personal representatives of the deceased.

Form R (Disposition by registered proprietor of registered estate or proprietor of charge—evidence of compliance with club rules required)

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered unless authorised by the rules of the [name of club] of [address] as evidenced [by a resolution of its members or by a certificate signed by its secretary or conveyancer [or specify appropriate details]].

Form S (Disposition by proprietor of charge—certificate of compliance required)

No disposition [or specify details] by the proprietor of the registered charge dated [date] (referred to above) is to be registered without a certificate

No disposition [or specify details] by the proprietor of the registered charge dated [date] (referred to above) is to be registered without a written consent

Form U (Section 37 of the Housing Act 1985)

No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority] is given that the transfer or lease is made in accordance with section 37 of the Housing Act 1985.

Form V (Section 157 of the Housing Act 1985)

No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority or housing association etc] is given that the transfer or lease is made in accordance with section 157 of the Housing Act 1985.

Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)

No disposition (except a transfer) of a qualifying dwellinghouse (except to a qualifying person or persons) is to be registered without the consent of the Secretary of State given under section 171D(2) of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993.

Form X (Section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989)

No disposition by the proprietor of the registered estate or in exercise of the power of sale or leasing in any registered charge (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of the Secretary of State to that disposition under the provisions of (as appropriate [section 81 of that Act] or [section 133 of that Act] or [section 173 of the Local Government and Housing Act 1989]).

Form Y (Section 13 of the Housing Act 1996)

No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant registered social landlord] is given that the transfer or lease is made in accordance with section 13 of the Housing Act 1996.

Form AA (freezing order on the registered estate)

Under an order of the (name of court) made on (date) (claim no) no disposition by the proprietor of the registered estate is to be registered except under a further order of the Court.

Form BB (freezing order on charge)

Under an order of the (name of court) made on (date) (claim no) no disposition by the proprietor of the charge is to be registered except under a further order of the Court.

Form CC (application for freezing order on the registered estate)

Pursuant to an application made on (date) to the (name of court) for a freezing order to be made under (statutory provision) no disposition by the proprietor of the registered estate is to be registered except with the consent of (name of the person applying) or under a further order of the Court.

Form DD (application for freezing order on charge)

Pursuant to an application made on (date) to the (name of the court) for a freezing order to be made under (statutory provision) no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered except with the consent of (name of the person applying) or under a further order of the Court.

Form EE (restraint order or interim receiving order on the registered estate)

Under (as appropriate [a restraint order] or [an interim receiving order]) made under (statutory provision) on (date) (claim no) no disposition by the proprietor of the registered estate is to be registered without the consent of (name of the prosecutor or other person who applied for the order) or under a further order of the Court.

Form FF (restraint order or interim receiving order on charge)

Under (as appropriate [a restraint order] or [an interim receiving order]) made under (statutory provision) on (date) (claim no) no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered without the consent of (name of the prosecutor or other person who applied for the order) or under a further order of the Court.

Form GG (application for restraint order or interim receiving order on the registered estate)

Pursuant to an application for (as appropriate [a restraint order] or [an interim receiving order]) to be made under (statutory provision) and under any order made as a result of that application, no disposition by the proprietor of the registered estate is to be registered without the consent of (name of the prosecutor or other person applying) or under a further order of the Court.

Form HH (application for restraint order or interim receiving order on charge)

Pursuant to an application for (as appropriate [a restraint order] or [an interim receiving order]) to be made under (statutory provision) and under any order made as a result of that application no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered without the consent of (name of the prosecutor or other person applying) or under a further order of the Court.

SCHEDULE 5 — APPLICATIONS IN CONNECTION WITH INVESTIGATION OR ENFORCEMENT PROCEEDINGS – QUALIFYING APPLICANTS

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