The Land Registration Rules 2003

• (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,

• (c) inapplicable certificates and statements 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,

• (c) a document that is a registrable disposition.

• (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 1971⁵⁶ 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 2002⁵⁷,

• “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 1993⁵⁸ respectively,

• “Companies Acts” means the Companies Act 1985⁵⁹, 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 1985⁶⁰, 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 1975⁶¹ or section 237 of the Inheritance Tax Act 1984⁶²,

• “matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967⁶³ 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 1996⁶⁴, or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983⁶⁵ 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 1995⁶⁶ 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 1925⁶⁷,

• “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 1985⁶⁸ 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 1925⁶⁹,

• “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.

Consent under a caution

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a notification of discharge or release of a registered charge under rule 115,

• (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

or

[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.

Form N (Disposition by registered proprietor of registered estate or proprietor of charge—consent 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 written consent

Form O (Disposition by registered proprietor of registered estate or proprietor of charge—consent 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 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].

Form P (Disposition by registered proprietor of registered estate or proprietor of charge—consent of proprietor of specified charge 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 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].

Form Q (Disposition by registered proprietor of registered estate or proprietor of charge—consent of personal representative required)

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

Form T (Disposition by proprietor of charge—consent required)

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

Column 1	Column 2
Status of applicant	Certificate in Form CIT
An Administrator appointed for the purposes of the Insolvency Act 198671	Certificate K
An Administrator appointed under section 13 of the Criminal Justice (Scotland) Act 198772	Certificate J
A Chief Officer of Police or a police officer authorised to apply on behalf of	Certificate A
a Chief Officer	Certificate B Certificate C Certificate D Certificate E Certificate G
A person commissioned by the Commissioners of Customs and Excise	Certificate C Certificate D Certificate E Certificate H
A person authorised to apply by the Commissioners of Inland Revenue	Certificate E
A person authorised to apply by the Commissioners of Inland Revenue and having the consent of a General or Special Commissioner to make the application	Certificate L
A constable	Certificate H
The Director of the Assets Recovery Agency or a member of the Assets	Certificate H
Recovery Agency authorised to apply on behalf of the Director	Certificate I Certificate M
The Director of Public Prosecutions or a member of the Crown	Certificate A
Prosecution Service authorised to apply on behalf of the Director	Certificate B Certificate C Certificate D Certificate E
The Director of the Serious Fraud Office or a member of the Serious Fraud	Certificate A
Office authorised to apply on behalf of the Director	Certificate B Certificate E
The Director-General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director-General	Certificate F
A Liquidator appointed for the purposes of the Insolvency Act 1986	Certificate K
The Lord Advocate or a person conducting a prosecution in Scotland on	Certificate C
behalf of the Lord Advocate	Certificate D
The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland	Certificate K
An Official Receiver for the purposes of the Insolvency Act 1986	Certificate K
A Receiver appointed under the Criminal Justice Act 198873, the Drug Trafficking Act 199474 or the Proceeds of Crime Act 200275	Certificate J
The Scottish Ministers or a person named by them	Certificate I
A person authorised by the Secretary of State for the Department of Trade and Industry	Certificate A Certificate B Certificate E
A person authorised by the Secretary of State for Work and Pensions	Certificate A Certificate B
A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland	Certificate K

SCHEDULE 6 — INFORMATION TO BE INCLUDED IN CERTAIN RESULTS OF OFFICIAL SEARCHES

Part 1 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF THE INDEX MAP

A

The date and time of the official search certificate

B

A description of the land searched

C

The reference (if any) of the applicant or the person to whom the search is being sent: limited to 25 characters including spaces

D

Whether there is—

• (i) a pending application for first registration (other than of title to a relating franchise)

• (ii) a pending application for a caution against first registration (other than where the subject of the caution is a relating franchise)

• (iii) a registered estate in land

• (iv) a registered rentcharge

• (v) a registered profit a prendre in gross

• (vi) a registered affecting franchise, or

• (vii) a caution against first registration (other than where the subject of the caution is a relating franchise)

and, if there is such a registered estate or caution, the title number

Part 2 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF THE INDEX OF RELATING FRANCHISES AND MANORS

A

The date and time of the official search certificate

B

The administrative area(s) searched

C

The reference (if any) of the applicant or the person to whom the search is being sent: limited to 25 characters including spaces

D

Whether there is a verbal description of—

• (i) a pending application for first registration of title to a relating franchise

• (ii) a pending application for a caution against first registration where the subject of the caution is a relating franchise

• (iii) a registered franchise which is a relating franchise

• (iv) a registered manor, or

• (v) a caution against first registration where the subject of the caution is a relating franchise

and the title numbers of any such registered estates and cautions arranged by administrative area

Part 3 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF AN INDIVIDUAL REGISTER OF A REGISTERED TITLE

A

The title number

B

The date and time of the official search certificate

C

If the official search certificate is part of a registered title, a short description of the property or plot number on the approved estate plan

D

The applicant's name

E

The applicant's, or his agent's, reference (if any): limited to 25 characters including spaces

F

Details of any relevant adverse entries made in the individual register since the beginning of the day specified in the application as the search from date

G

Notice of the entry of any relevant pending application or proposal by the registrar to alter the register affecting the registered title entered on the day list (other than an application to designate a document as an exempt information document under rule 136)

H

Notice of the entry on the day list of any relevant official search the priority period of which has not expired

I

If the official search is with priority, the date and time at which the priority expires

J

If the official search is without priority, a statement that the certificate will not confer on the applicant priority for any registrable disposition

Part 4 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH WITH PRIORITY IN RELATION TO A PENDING APPLICATION FOR FIRST REGISTRATION

A

The title number allotted to the pending application for first registration

B

The date and time of the official search certificate

C

If the official search is of part, a short description of the property

D

The applicant's name

E

The applicant's, or his agent's, reference (if any): limited to 25 characters including spaces

F

The full name of the person who has applied for first registration

G

The date and time at which the pending application for first registration was entered on the day list

H

Notice of the entry of any relevant pending application affecting the estate sought to be registered and entered on the day list subsequent to the date and time at which the pending application for first registration was entered on the day list (other than an application to designate a document as an exempt information document under rule 136)

I

Notice of the entry on the day list of any relevant official search the priority period of which has not expired affecting the pending application for first registration

J

The date and time at which priority expires

Part 5 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH BY A MORTGAGEE FOR THE PURPOSE OF SECTION 56(3) OF THE FAMILY LAW ACT 1996

A

The title number

B

The date and time of the official search certificate

C

The mortgagee's name

D

The mortgagee's, or his agent's, reference (if any): limited to 25 characters including spaces

E

Whether, at the date and time of the official search certificate, a home rights notice or matrimonial home rights caution has been registered against the registered title searched and if so the date of registration and the name of the person in whose favour the notice or caution was registered

F

Whether at the date and time of the official search certificate there is a pending application for the entry of a home rights notice entered on the day list

SCHEDULE 7 — SETTLEMENTS

General

1

Registered land which is settled land must be registered in the name of the tenant for life or the statutory owner.

First registration—restriction required

2

An application for first registration of an unregistered legal estate which is settled land must be accompanied by an application for entry of a restriction in Form G, H, or I, as appropriate.

Standard forms of restriction applicable to settled land

3

• (1) The restrictions in Forms G, H and I apply respectively to the various cases referred to in those forms, and may be modified as the registrar sees fit according to the circumstances.

• (2) Where one of the restrictions referred to in sub-paragraph (1) should have been entered in the register and has not been, any person who has an interest in the settled land and who applies for such restriction shall be regarded as included in section 43(1)(c) of the Act.

• (3) Subject to paragraphs 8 and 14, the restrictions referred to in sub-paragraph (1) are binding on the proprietor during his life, but do not affect a disposition by his personal representatives.

Transfer of land into settlement

4

• (1) A transfer of registered land into settlement must include the following provisions, with any necessary alterations and additions—

The Transferor and the Transferee declare that— (a) the property is vested in the Transferee upon the trusts declared in a trust deed dated (date) and made between (parties), (b) the trustees of the settlement are (names of trustees), (c) the power of appointment of new trustees is vested in (name), (d) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925 : (insert additional powers). or if the tenant for life is a minor and the transferees are the statutory owner— (a) the property is vested in the Transferee as statutory owner under a trust deed dated (date) and made between (parties), (b) the tenant for life is (name), a minor, who was born on (date), (c) the trustees of the settlement are (names), (d) during the minority of the tenant for life the power of appointment of new trustees is vested in the Transferee, (e) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (insert additional powers).

• (2) An application for the registration of a transfer of registered land into settlement must be accompanied by an application for entry of a restriction in Form G, H or I, as appropriate.

• (3) When the registrar receives the application he must register the transferee named in the transfer as the proprietor of the registered land and enter the appropriate restriction in the register.

Registered land brought into settlement

5

Where registered land has been settled and the existing registered proprietor is the tenant for life under the settlement, the registered proprietor must—

• (a) make a declaration in Form 6, and

• (b) apply for the entry of a restriction in Form G, modified if appropriate.

Registered land bought with capital money

6

• (1) Where registered land is acquired with capital money the transfer must be in one of the forms prescribed by rule 206 and must include the following provisions, with any necessary alterations and additions—

The Transferee declares that— (a) the consideration has been paid out of capital money, (b) the Property is vested in the Transferee upon the trusts declared in a trust deed dated (date) and made between (parties), (c) the trustees of the settlement are (names of trustees), (d) the power of appointment of new trustees is vested in (name), (e) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (set out additional powers).

• (2) An application for registration of the transfer must be accompanied by an application for entry of a restriction in Form G, H or I, as appropriate.

Duty to apply for restrictions when registered land is settled

7

• (1) Where registered land is settled land the proprietor, or (if there is no proprietor) the personal representatives of a deceased proprietor, must apply to the registrar for the entry of such restrictions (in addition to a restriction in Form G, H or I) as may be appropriate to the case.

• (2) The application must state that the restrictions applied for are required for the protection of the beneficial interests and powers under the settlement.

• (3) Subject to section 43(3) of the Act, the registrar must enter such restrictions without inquiry as to the terms of the settlement.

• (4) Nothing in this rule affects the rights and powers of personal representatives for purposes of administration.

Proprietor ceasing in his lifetime to be the tenant for life

8

Where a registered proprietor ceases in his lifetime to be a tenant for life and has not become absolutely entitled to the registered land—

• (a) he must transfer the land to his successor in tile, or, if the successor is a minor, to the statutory owner, and

• (b) on the registration of the successor in title or statutory owner as proprietor, the trustees of the settlement, if the settlement continues, must apply for such alteration in the restrictions as may be required for the protection of the beneficial interests and powers under the settlement.

Tenant for life or statutory owner entitled to have the settled land vested in him

9

Where a tenant for life or statutory owner who, if the registered land were not registered, would be entitled to have the settled land vested in him, is not the registered proprietor, the registered proprietor must at the cost of the trust estate execute such transfers as may be required for giving effect on the register to the rights of such tenant for life or statutory owner.

Registration of statutory owner during a minority otherwise than on death

10

• (1) If a minor becomes entitled in possession (or will become entitled in possession on attaining full age) to registered land otherwise than on a death, the statutory owner during the minority is entitled to require the settled land to be transferred to him and to be registered as proprietor accordingly.

• (2) The transfer to the statutory owner—

• (a) must be in Form TR1, and

• (b) must not refer to the settlement.

• (3) An application to register the transfer must be accompanied by an application for entry of a restriction in Form H.

Registration of special personal representatives

11

• (1) Where—

• (a) land was settled before the death of the sole or last surviving joint registered proprietor and not by his will, and

• (b) the settlement continues after his death,</3>the personal representatives in whom the registered land vests under the Administration of Estates Act 1925 may apply to be registered as proprietor in place of the deceased proprietor.

• (2) The application must be accompanied by the grant of probate or letters of administration of the deceased proprietor limited to the settled land.

• (3) The personal representatives must be registered in place of the deceased proprietor and the following added after his name—

“special executor or executrix (or administrator or administratrix) of [name], deceased.”.

Transfer on the death of the tenant for life

12

• (1) Where the settlement continues after the death of the proprietor who was the tenant for life—

• (a) an application to register a transfer by the personal representatives to the person next entitled to the registered land which is settled land must be accompanied by—

• (i) if the personal representatives are not already registered, the grant of probate or letters of administration of the deceased proprietor limited to the settled land,

• (ii) a transfer in Form AS1 or AS2, as appropriate,

• (iii) an application for entry of a restriction in Form G or H, as appropriate.

• (b) The transfer must contain the following provisions with any necessary alterations or additions—

The Personal Representatives and the Transferee declare that— (a) the Property is vested in the Transferee upon the trusts declared in [a trust deed dated (date) and made between (parties)] or [the will of (name of deceased) proved on (date)], (b) the trustees of the settlement are (names of trustees), (c) the power of appointment of new trustees is vested in (name), (d) the following powers relating to land are expressly conferred by the will in addition to those conferred by the Settled Land Act 1925: (set out additional powers).

• (2) Where the settlement ends on the death of the proprietor, an application to register a transfer by the personal representatives to the person entitled must be accompanied by—

• (a) if the personal representatives are not already registered, the grant of probate or letters of administration of the deceased proprietor,

• (b) Form RX3 for cancellation of the restriction entered on the register relating to the settlement.

• (3) The registrar shall not be under a duty to investigate the reasons any transfer is made by the personal representatives or 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 representatives are acting correctly and within their powers.

Minority where settlement arises under a will or intestacy

13

• (1) Where a settlement is created or arises under the will or intestacy of a person who died before 1st January 1997—

• (a) The personal representatives under the will or intestacy under which the settlement is created or arises must, during a minority, be registered as proprietors and will have all the powers conferred by the Settled Land Act 1925 on the tenant for life and on the trustees of the settlement.

• (b) When a minor becomes beneficially entitled to an estate in fee simple or a term of years absolute in the registered land, or would, if he were of full age, be or have the powers of a tenant for life, the personal representatives must (unless they are themselves the statutory owner) during the minority give effect on the register to the directions of the statutory owner.

• (c) In particular, the statutory owner shall, after administration is completed as respects the registered land, direct the personal representatives to apply for a restriction in Form H.

• (2) The application for the restriction in form H must be made by the personal representatives.

• (3) On an application by the personal representatives under sub-paragraph (2), the registrar shall be under no duty to consider or call for any information concerning—

• (a) the reason the application is made, or

• (b) the terms of the will or the devolution under the intestacy, or

• (c) whether the direction by the statutory owner was actually given or not, or its terms,

and whether he has notice of those matters or not, he must assume that the personal representatives are acting according to the directions given and that the directions were given by the statutory owner and were correct.

• (4) A disponee dealing with the personal representatives who complies with the restriction entered under sub-paragraph (2) is not concerned to see or enquire whether any directions have been given by the statutory owner with regard to the disposition to him.

• (5) Where under subsection (3) of section 19 of the Settled Land Act 1925 there is a tenant for life of full age, he shall be entitled to be registered as proprietor during any minority referred to in that subsection, but subject to the restrictions in Forms G or I, as appropriate.

• (6) Nothing in this paragraph shall affect the right of a statutory owner to be registered as proprietor.

Discharge of registered land from beneficial interests and powers under a settlement

14

Where the trustees of a settlement desire to discharge registered land from the beneficial interests and powers under the settlement they may do so by any document sufficient to discharge it.

Discharge from liability in respect of beneficial interests and powers under a settlement

15

Where a proprietor or the personal representatives of a deceased proprietor has or have, in good faith, complied with the requirements of this Schedule in executing a transfer of settled land or discharge of trustees and in applying for the appropriate restrictions that may be required for the protection of the beneficial interests and powers under a settlement—

• (a) he is or they are absolutely discharged from all liability in respect of the equitable interests and powers taking effect under the settlement, and

• (b) he is or they are entitled to be kept indemnified at the cost of the trust estate from all liabilities affecting the settled land.

Interpretation

16

• (1) In this Schedule—

• “capital” money has the same meaning as in the Settled Land Act 1925,

• “personal representatives” includes the special personal representatives for the purposes of any settled land where they have been appointed in relation to that land,

• “settled land” has the same meaning as in the Settled Land Act 1925,

• “settlement” has the same meaning as in the Settled Land Act 1925,

• “statutory owner” has the same meaning as in the Settled Land Act 1925,

• “tenant for life” has the same meaning as in the Settled Land Act 1925,

• “transfer” includes an assent and a vesting assent,

• “trustees of the settlement” has the same meaning as in the Settled Land Act 1925,

• “vesting assent” has the same meaning as in the Settled Land Act 1925.

• (2) References in this Schedule to the “tenant for life” shall, where the context admits, be read as referring to the tenant for life, statutory owner, or personal representatives who is or are entitled to be registered.

• (3) Nothing in this Schedule modifies the provisions of section 2 of the Trusts of Land and Appointment of Trustees Act 1996 concerning settlements in relation to their application to registered land (as defined in section 89(3) of the Act).

SCHEDULE 8 — MODIFIED FORM OF SCHEDULE 6 TO THE ACT APPLICABLE TO REGISTERED RENTCHARGES

SCHEDULE 9 — FORMS OF EXECUTION

Signed

Signed by authority of the Lord Chancellor

Scotland of Asthal QC — Parliamentary Secretary, Lord Chancellor's — Department — 2003-05-19

Explanatory note

This note is not part of the Rules)

Footnotes

1

These rules may be cited as the Land Registration Rules 2003 and shall come into force on the day that section 1 of the Act comes into force.

2

• (1) The register of title may be kept in electronic or paper form, or partly in one form and partly in the other.

• (2) Subject to rule 3, the register of title must include an individual register for each registered estate which is—

• (a) an estate in land, or

• (b) a rentcharge, franchise, manor or profit a prendre in gross,

vested in a proprietor.

3

• (1) The registrar may include more than one registered estate in an individual register if the estates are of the same kind and are vested in the same proprietor.

• (2) On first registration of a registered estate, the registrar may open an individual register for each separate area of land affected by the proprietor's registered estate as he designates.

• (3) Subsequently, the registrar may open an individual register for part of the registered estate in a registered title and retain the existing individual register for the remainder—

• (a) on the application of the proprietor of the registered estate and of any registered charge over it, or

• (b) if he considers it desirable for the keeping of the register of title, or

• (c) on the registration of a charge of part of the registered estate comprised in the registered title.

• (4) The registrar may amalgamate two or more registered titles, or add an estate which is being registered for the first time to an existing registered title, if the estates are of the same kind and are vested in the same proprietor—

• (a) on the application of the proprietor of the registered estate and of any registered charge over it, or

• (b) if he considers it desirable for the keeping of the register of title.

• (5) Where the registrar has divided a registered title under paragraph (3)(b) or amalgamated registered titles or an estate on first registration with a registered title under paragraph (4)(b) he—

• (a) must notify the proprietor of the registered estate and any registered charge, unless they have agreed to such action, and

• (b) may make a new edition of any individual register or make entries on any individual register to reflect the division or amalgamation.

4

• (1) Each individual register must have a distinguishing number, or series of letters and numbers, known as the title number.

• (2) Each individual register must consist of a property register, a proprietorship register and, where necessary, a charges register.

• (3) An entry in an individual register may be made by reference to a plan or other document; in which case the registrar must keep the original or a copy of the document.

• (4) Whenever the registrar considers it desirable, he may make a new edition of any individual register so that it contains only the subsisting entries, rearrange the entries in the register or alter its title number.

5

Except where otherwise permitted, the property register of a registered estate must contain—

• (a) a description of the registered estate which in the case of a registered estate in land, rentcharge or registered franchise which is an affecting franchise must refer to a plan based on the Ordnance Survey map and known as the title plan;

• (b) where appropriate, details of—

• (i) the inclusion or exclusion of mines and minerals in or from the registration under rule 32,

• (ii) easements, rights and privileges benefiting the registered estate and other similar matters,

• (iii) all exceptions or reservations arising on enfranchisement of formerly copyhold land, and

• (iv) any ... matter otherwise required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the property register, and

• (c) such other matters as are required to be entered in the property register by these rules.

6

• (1) The property register of a registered leasehold estate must also contain sufficient particulars of the registered lease to enable that lease to be identified.

• (2) Subject to rule 72A(3), If the lease contains a provision that prohibits or restricts dispositions of the leasehold estate, the registrar must make an entry in the property register stating that the lease prohibits or restricts dispositions of the estate.

7

Where practicable, the property register of a registered estate in a rentcharge, franchise or a profit a prendre in gross must, if the estate was created by an instrument, also contain sufficient particulars of the instrument to enable it to be identified.

8

• (1) The proprietorship register of a registered estate must contain, where appropriate—

• (a) the class of title,

• (b) the name of the proprietor of the registered estate including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 , its registered number,

• (c) an address for service of the proprietor of the registered estate in accordance with rule 198,

• (d) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to the registered estate,

• (e) notices under section 86(2) of the Act in relation to the registered estate,

• (f) positive covenants by a transferor or transferee and indemnity convenants by a transferee entered under rules 64 or 65,

• (g) details of any modification of the covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act entered under rule 66,

• (h) details of any modification of the covenants implied under the Law of Property (Miscellaneous Provisions) Act 1994 entered under rule 67(6),

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) such other matters as are required to be entered in the proprietorship register by these rules.

• (2) Where practicable, the registrar must enter in the proprietorship register—

• (a) on first registration of a registered estate,

• (b) following completion by registration of a lease which is a registrable disposition, and

• (c) on a subsequent change of proprietor of a registered estate,

• the price paid or value declared for the registered estate.

• (3) An entry made under paragraph (2) must remain until there is a change of proprietor, or some other change in the register of title which the registrar considers would result in the entry being misleading.

9

Except where otherwise permitted, the charges register of a registered estate must contain, where appropriate—

• (a) details of leases, charges, and any other interests which adversely affect the registered estate subsisting at the time of first registration of the estate or created thereafter,

• (b) any dealings with the interests referred to in paragraph (a), or affecting their priority, which are capable of being noted on the register,

• (c) sufficient details to enable any registered charge to be identified,

• (d) the name of the proprietor of any registered charge including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number,

• (e) an address for service of the proprietor of any registered charge in accordance with rule 198,

• (f) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to a registered charge,

• (g) notices under section 86(2) of the Act in relation to a registered charge, ...

• (h) such other matters affecting the registered estate or any registered charge as are required to be entered in the charges register by these rules , and

• (i) any matter otherwise required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the charges register.

10

• (1) The index to be kept under section 68 of the Act must comprise—

• (a) an index map from which it is possible to ascertain, in relation to a parcel of land, whether there is—

• (i) a pending application for first registration (other than of title to a relating franchise),