The Agricultural Credits Fees Order 2024

Made: 9th September 2024

Coming into force: 9th December 2024

The Secretary of State and the Treasury, in exercise of the powers conferred on them by section 9 of the Agricultural Credits Act 1928[^f00001] and sections 2 and 3 of the Public Offices Fees Act 1879[^f00002], make and approve the following Order.

Part 1 — General

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Agricultural Credits Fees Order 2024 and shall come into force on 9th December 2024.

• (2) In this Order, unless the context otherwise requires—

• “the Act” means the Agricultural Credits Act 1928;

• “fee” means a fee specified in the Schedule;

• “registrar” means the Chief Land Registrar.

Fees

2

The fees specified in the Schedule shall be payable for the applications and services under the Act.

Method of payment

3

• (1) Fees payable under this Order shall be collected in money.

• (2) The fee must be paid on delivery of the application.

• (3) Unless the registrar otherwise directs, or where paragraph (4) applies, the fee shall be paid by cheque or postal order crossed and made payable to H.M. Land Registry.

• (4) Where there is an agreement between the registrar and the applicant, a fee may be paid by direct debit or other means to such bank account of H.M. Land Registry as the registrar may from time to time direct.

Revocation

4

The Agricultural Credits Fees Order 1985[^f00003] is revoked.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook — Minister of State — Ministry of Housing, Communities and Local Government — 9th September 2024

Jeff Smith — Vicky Foxcroft — Two of the Lords Commissioners of His Majesty’s Treasury

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order replaces the Agricultural Credits Fees Order 1985 (S.I. 1985/372) (“the 1985 Order”). It makes changes to Agricultural Credits fees. The main changes made by the order are-

• (1) Changes to the following fees-

• (a) The fee for registration, cancellation or rectification of an entry has increased from £1 to £5.

• (b) The fee for a certificate of cancellation of an entry has increased from £1 to £5.

• (c) The fee for a personal search in the register of a memorandum filed thereunder has increased from £1 to £5.

• (d) The fee for an official search of the register (including the issue of a certificate) has increased from 50p to £4, and the additional fee for telephoning the result of the search has changed from such fee as the Registrar considers reasonable, having regard to the cost of the telephone call, with a minimum of £1 to £5 per application form.

• (e) The fee for a certified copy of any memorandum filed under section 9(3) of the Agricultural Credits Act 1928 has increased from 50p to £4.

• (2) Article 3 has been amended to clarify that, unless the registrar otherwise directs, payment of fees can be made by cheque, postal order or direct debit and that payment should be made on delivery of the application.

• (3) The provisions in the 1985 Order relating to the payment of a deposit in relation to fees which are not immediately ascertainable have not been carried forward because this situation does not arise in practice.

• (4) The provisions in the 1985 Order relating to credit accounts have not been carried forward, as the credit account facility described by the 1985 Order is no longer available.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Chief Executive and Chief Land Registrar’s Office, HM Land Registry Head Office, Trafalgar House, 1 Bedford Park, Croydon CR0 2AQ and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 1928 c. 43; section 9 was amended by section 18(1) of, and paragraph 7 of schedule 3 to, the Land Charges Act 1972 (c. 61). The function of the Lord Chancellor to make regulations (with the approval of the Treasury as to fees) under section 9(9) of the Agricultural Credits Act 1928 was transferred to the Secretary of State by article 3(1) of, and paragraph 1 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). Section 9(9) was amended by article 6 of, and paragraph 1 of Part 1 of Schedule 2 to, the Order.

[^f00002]: 1879 c. 58.

[^f00003]: S.I. 1985/372.