The Land Charges (Amendment) Rules 2012

Made: 12th November 2012

Coming into force: 17th December 2012

The Secretary of State makes the following rules in exercise of the powers conferred by sections 16(1) and 17(1) and (2) of the Land Charges Act 1972[^f00001].

Citation and commencement

1

These rules may be cited as the Land Charges (Amendment) Rules 2012 and shall come into force on 17th December 2012.

Interpretation

2

In these rules “the principal rules” means the Land Charges Rules 1974[^f00002], and in the Schedules to these rules (other than in respect of the reference note at the head of each Schedule) a reference to a rule by number is a reference to the rule so numbered in the principal rules.

Amendments to the principal rules

3

The rules in, and Schedule 1 to, the principal rules are amended as set out in Schedule 1.

4

In Schedule 2 to the principal rules—

• (a) substitute for Form K9 the form set out in Schedule 2,

• (b) omit Form K14, and

• (c) for the word “solicitor” in each place where it occurs in a form, substitute “conveyancer”.

5

For Schedule 3 to the principal rules substitute the schedule set out in Schedule 3.

SCHEDULE 1

PART 1 — AMENDMENTS TO RULES IN THE PRINCIPAL RULES

Amendments to rule 2

1

In rule 2(2)—

• (a) at the end of the definition of “county” add “but does not include a unitary authority area”,

• (b) after the definition of “day” insert—

• “district” includes— a London borough, and the City of London, but does not include a unitary authority area;,

• (c) for the definition of “principal office” substitute—

• “principal office” means the office of the registry specified in a direction pursuant to section 17(2) of the Act;

, and

• (d) after the definition of “relevant particulars” insert—

• “unitary authority area” means— a county for which there are no district councils, a district in an area for which there is no county council, a county or county borough in Wales, the Isles of Scilly.

Amendment to rule 3

2

For rule 3(2) substitute—

• Subject to rule 20(3), any person may, upon completion of Form K21 and on payment of the prescribed fee, inspect an entry in the register at the principal office.

Amendment to rules 4 and 5

3

At the beginning of rules 4 and 5 insert “Subject to rule 20(3),”.

Revocation of rule 6

4

Rule 6 is revoked.

Amendment to rule 8

5

In rule 8(1), after “principal office” insert “or by the registrar under the provisions of any relevant notice given under Schedule 3, in either case”.

Amendment to rules 10, 11 and 12

6

At the beginning of rules 10, 11 and 12 insert “Subject to rule 20(3),”.

Amendment to rule 13

7

In rule 13 omit paragraph (2).

Amendment to rule 14

8

At the beginning of rule 14(3) insert “Subject to rule 20(3),”.

New rule 16

9

For rule 16 substitute—

(16) Subject to rule 20(3), an application for an official search in the index pursuant to section 10(1) shall be made in Form K15 or K16 whichever is appropriate.

Amendment to rule 17

10

At the beginning of rule 17(1) insert “Subject to rule 20(6),”.

Revocation of rule 18

11

Rule 18 is revoked.

New rule 19

12

For rule 19 substitute—

(19) Subject to rule 20(3), an application for an office copy of an entry in a register shall be made in Form K19.

Amendment to rule 19A

13

In rule 19A(1), after “Schedule 2” insert “, or provide the particulars referred to in rule 20(3),”.

New rule 20

14

For rule 20 substitute—

(20) (1) Subject to paragraph (3), applications under the Act or these Rules shall be sent by prepaid post or document exchange, or be delivered by hand, to the principal office. (2) Subject to paragraph (3), every such application shall be accompanied by the prescribed fee, unless that fee is debited by the registrar to a credit account, or there exists an agreement with the registrar allowing payment of the fee by direct debit or other means. (3) Any application or priority notice under the Act or these Rules may, during the currency of a relevant notice given under Schedule 3, and subject to and in accordance with the limitations contained in that notice, be made or given by any means of communication other than post, document exchange or delivery by hand, and the applicant must provide such of the particulars required for an application of that type or for a priority notice as are appropriate in the circumstances and as are required by the notice. (4) Notwithstanding the provisions of paragraph (3), the registrar may, at the registrar’s discretion, refuse to accept an application made by means of communication other than post, document exchange or delivery by hand. (5) Paragraph (4) does not apply to applications to which section 10(1)(b) applies. (6) Any certificates or other results, or acknowledgements of applications under the Act or these rules may, during the currency of a relevant notice given under Schedule 3, and subject to and in accordance with the limitations contained in that notice, be issued by any means of communication other than post or document exchange. (7) Where information is issued under paragraph (6) it must be to like effect to that which would have been provided had the information been issued in paper form.

Amendment to rule 21

15

In rule 21, after “form” insert “or a relevant notice given under Schedule 3”.

Amendment to rule 23

16

At the beginning of rule 23 insert “Subject to rules 20(6) and (7),”.

Amendment to rule 24

17

After rule 24(2) insert—

(3) In the prescribed forms, “conveyancer” means— (i) an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, (ii) an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instruments activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or (iii) a person who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer. (4) For the purposes of the definition in paragraph (3)— (i) “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007[^f00003], (ii) “licensing authority” has the same meaning as in section 73 of the Legal Service Act 2007, (iii) “manager” has the same meaning as in section 207 of the Legal Services Act 2007, (iv) “regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007, (v) “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007, (vi) “relevant reserved instrumentation activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.

PART 2 — AMENDMENTS TO SCHEDULE 1 TO THE PRINCIPAL RULES

Amendment to heading

18

At the head of Schedule 1 to the principal rules insert the reference note “Rule 2”.

Amendment to relevant particulars

19

In the “Relevant Particulars” column of paragraphs 1(v), 2(a)(v), 3(a)(v), and 4(iv) of Schedule 1 to the principal rules, after “district” insert “, or unitary authority area,”.

SCHEDULE 2 — SUBSTITUTED FORM K9 IN SCHEDULE 2 TO THE PRINCIPAL RULES

SCHEDULE 3 — SUBSTITUTED SCHEDULE 3 TO THE PRINCIPAL RULES

Signed

Signed by the authority of the Secretary of State

Michael Fallon — Minister of State for Business and Enterprise — Department for Business, Innovation and Skills — 12th November 2012

Explanatory note

(This note is not part of the rules)

EXPLANATORY NOTE

These rules amend the Land Charges Rules 1974 (S.I. 1974/1286) (the principal rules), which make detailed provision for the keeping of the registers relating to unregistered land in England and Wales, and the procedures and forms for registration and searches in the Land Charges Department. The registers are those required by the Land Charges Act 1972 (c. 61) to be kept by the registrar of HM Land Registry.

Rules 3 to 7 and Schedules 1 to 4 make amendments to the principal rules, in particular they—

• (a) add reference to, and a definition of, “unitary authority area”, with a consequential amendment to the definition of “county” and the addition of a definition of “district”,

• (b) update the definition of “principal office”,

• (c) revoke rule 6 and Form 14 of the principal rules, which required a statutory declaration to accompany most applications that are not made by a practising solicitor,

• (d) omit rule 13(2) of the principal rules under which the registrar could require a separate certificate that the land affected by an application is not registered,

• (e) enable any land charges application or its result to be delivered electronically, or by other means (in addition to post, document exchange or personal delivery), if the registrar is satisfied that adequate arrangements will be in place, and the registrar has issued a notice publicising the arrangements,

• (f) make provisions about such notices,

• (g) add a definition of “conveyancer” for the purpose of land charges prescribed forms, and

• (h) substitute a new Form K9 (application for the rectification of an entry in the Land Charges register).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Project Team Leader, Level 4 Block B, Land Registry Durham Office, Southfield House, Southfield Way, Durham, DH1 5TR and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 1972 c. 61. The functions of the Lord Chancellor under the Land Charges Act 1972 were transferred to the Secretary of State by article 3(1) of, and paragraph 2 of Schedule 1 to, the Transfer of Functions (Her Majesty’s Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 (S.I. 2011/2436). One of the transferred functions was the making of general rules under section 16(1), which was amended by paragraph 3 of Schedule 2 to the Order.

[^f00002]: S.I. 1974/1286, amended by S.I. 1990/485, 1991/2684, 1994/287, 1995/1355, 2005/1981.

[^f00003]: 2007 c. 29.