STATUTORY INSTRUMENTS 2008 No. 1919 LAND REGISTRATION, ENGLAND AND WALES The Land Registration (Amendment) Rules 2008 Made - - - - 17th July 2008 Laid before Parliament 21st July 2008 Coming into force in accordance with rule 2 CONTENTS 1. Citation 2. Commencement 3. Interpretation 4. Amendments to the principal rules 5. Use of old forms 6. Provision consequential upon revocation of rule 8(1)(i) SCHEDULE 1 — AMENDMENTS TO PARTS 1 TO 10 AND 13 TO 16 OF THE PRINCIPAL RULES SCHEDULE 2 — SUBSTITUTED SCHEDULE 1 TO THE PRINCIPAL RULES SCHEDULE 3 — AMENDMENTS TO SCHEDULE 3 TO THE PRINCIPAL RULES SCHEDULE 4 — SUBSTITUTED SCHEDULE 4 TO THE PRINCIPAL RULES SCHEDULE 5 — AMENDMENTS TO SCHEDULE 6 TO THE PRINCIPAL RULES SCHEDULE 6 — AMENDMENTS TO SCHEDULE 9 TO THE PRINCIPAL RULES The Lord Chancellor makes the following rules in exercise of the powers conferred by sections 1(2), 13(a), 14(a) and (b), 21(2)(a), (b) and (c), 22, 25(1), 27(6), 36(4), 43(2)(a), (c) and (d), 47, 60(3), 66(2), 67(3), 70, 73(2), (3) and (4), 88, 126, 127(1)(a), 128(1) and 134(2) of, and paragraphs 2(2) and 7(3) of Schedule 2, paragraph 7(b), (c) and (d) of Schedule 4, paragraphs 2(1)(e), 10(4), and 15 of Schedule 6, paragraph 9 of Schedule 8, paragraphs 3(a), 5(2)(a), 6(a) and (b), and 8 of Schedule 10, and paragraph 2(4) of Schedule 12 to, the Land Registration Act 2002(b). (a) See section 132(1) for the definition of “land registration rules”. (b) 2002 c.9. In accordance with section 127(a) of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section. Citation 1. These rules may be cited as the Land Registration (Amendment) Rules 2008. Commencement 2.—(1) Subject to paragraph (2), these rules shall come into force on 10 November 2008. (2) Paragraph 40 of Schedule 1 (new rule 111) shall come into force on the day that section 869 of the Companies Act 2006(b) comes into force. Interpretation 3. In these rules “the principal rules” means the Land Registration Rules 2003(c) and in rule 6 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 4.—(1) Parts 1 to 10 and 13 to 16 of the principal rules are amended as set out in Schedule 1. (2) For Schedule 1 to the principal rules substitute the schedule set out in Schedule 2. (3) In Schedule 1A to the principal rules, for the words in italicised text immediately below the heading “LR3. Parties to this lease” substitute— “Give full names and addresses of each of the parties. For UK incorporated companies and limited liability partnerships, also give the registered number including any prefix. For overseas companies, also give the territory of incorporation and, if appropriate, the registered number in England and Wales including any prefix.”. (4) In paragraph 5 of Schedule 2 to the principal rules, after “owing” insert “to”. (5) Schedule 3 to the principal rules is amended as set out in Schedule 3. (6) For Schedule 4 to the principal rules substitute the schedule set out in Schedule 4. (7) In Schedule 5 to the principal rules, insert at the appropriate places and in the columns indicated below— “Column 1 Column 2 An authorised person within the meaning of section 108(15) of the Certificate P Environment Act 1995(d) Director of Enforcement at the Financial Services Authority or a Certificate Q” member of the Financial Services Authority authorised to apply on behalf of the Director of Enforcement. (8) Schedule 6 to the principal rules is amended as set out in Schedule 5. (9) Schedule 9 to the principal rules is amended as set out in Schedule 6. (a) Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302. (b) 2006 c.46. (c) S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 2005/1982, 2006/594, 2007/1898, 2007/3224, 2008/574, 2008/1750. (d) 1995 c.25. 2 Use of old forms 5.—(1) Subject to paragraph (3), an application may be accompanied by an old form instead of the equivalent new form— (a) if the application is delivered to the registrar during the period of three months beginning with the commencement day, or (b) if the old form is one to which paragraph (2) applies. (2) An old form is one within paragraph (1)(b) if its use is expressly required— (a) by an agreement entered into at least three months before the commencement day, (b) by an order of the court, or (c) by or under an enactment. (3) This rule does not apply to an application which is required to be in Form AP1, Form DS2 or Form FR1. (4) In this rule— “commencement day” means 10 November 2008, “new form” means a form set out in Schedule 2, “old form” means a form set out in Schedule 1 to the principal rules immediately before the commencement day. Provision consequential upon revocation of rule 8(1)(i) 6. The registrar need not retain in the register any entry made under rule 8(1)(i) (name of the first proprietor of a registered estate with possessory title) or an equivalent entry made under the Land Registration Act 1925(a). Signed by authority of the Lord Chancellor Michael Wills Minister of State 17th July 2008 Ministry of Justice (a) The Land Registration Act 1925 (c.21) was repealed by section 135 of, and Schedule 13 to, the Land Registration Act 2002 on 13 October 2003. 3 SCHEDULE 1 Rule 4(1) AMENDMENTS TO PARTS 1 TO 10 AND 13 TO 16 OF THE PRINCIPAL RULES Amendments to rule 5 1. In rule 5— (a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”, (b) for paragraph (b)(ii) substitute— “(ii) easements, rights and privileges benefiting the registered estate and other similar matters,”, (c) in paragraph (b)(iii), after “exceptions” insert “or reservations”, and (d) in paragraph (b)(iv), omit “other” where it first appears and after “matter” insert “otherwise”. Amendment to rule 6 2. In rule 6(2), for the words from “all” to “registration” substitute “the lease prohibits or restricts dispositions of the estate”. Amendment to rule 7 3. At the beginning of rule 7, for “The” substitute “Where practicable, the”. Amendments to rule 8 4. In rule 8— (a) omit paragraph (1)(i), and (b) for rule 8(2) substitute— “(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.”. Amendments to rule 9 5. In rule 9— (a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”, (b) in paragraph (g), omit “and”, (c) in paragraph (h), for the full stop substitute “, and”, and (d) after paragraph (h), add— 4 “(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.”. Amendment to rule 11 6. For rule 11(3) substitute— “(3) A person may apply in Form PN1 for a search to be made in the index in respect of— (a) his own name, (b) the name of a corporation aggregate, or (c) the name of some other person in whose property he can satisfy the registrar that he is interested generally (for instance as trustee in bankruptcy or personal representative).”. Amendment to rule 19 7. In rule 19(2)(c), for “to which communications may be sent” substitute “for service in accordance with rule 198”. Amendments to rule 27 8.—(1) In the heading to rule 27, after “application” insert “based on adverse possession or” and after “are” insert “otherwise”. (2) Rule 27 is renumbered as paragraph (1) of that rule. (3) After paragraph (1) as so renumbered, add— “(2) The evidence referred to in paragraph (1) may consist of, or include, a statement of truth, which may be made in Form ST1, ST2 or ST3, as appropriate.”. Amendment to rule 33 9. In rule 33, after paragraph (2) add— “(3) The evidence referred to in paragraph (1)(b) may consist of, or include, a statement of truth, which may be made in Form ST4 if appropriate.”. Amendment to rule 37 10. For rule 37(1) and (2) substitute— “(1) This rule applies where— (a) an application is made for registration of a leasehold estate under Chapter 1 of Part 2 of the Act, (b) at the time of the grant of the lease— (i) the reversion was not registered, or (ii) the reversion was registered but the grant of the lease was not required to be completed by registration, (c) the registrar is satisfied that a particular registered estate is the reversion, and (d) the lease is not noted in the register of the registered reversion.