Citation and commencement

1. These rules may be cited as the Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003 and shall come into force on 13 October 2003.

Interpretation

2. In these rules—

“the Act” means the Land Registration Act 2002;

“business day” means a day when the land registry is open to the public under rule 216 of the Land Registration Rules 2003( 2 );

“disputed application” means an application to the registrar under the Act to which an objection has been made;

“objection” means an objection made under section 73 of the Act;

“the parties” means the person who has made the disputed application and the person who has made an objection to that application.

Procedure for referral to the adjudicator

3. —(1) When the registrar is obliged to refer a matter to the adjudicator under section 73(7) of the Act, he must as soon as practicable—

(a) prepare a case summary containing the information set out in paragraph (2),

(b) send a copy of the case summary to the parties,

(c) give the parties an opportunity to make comments on the contents of the case summary in the manner, to the address, and within the time specified by him, and

(d) inform the parties in writing that the case summary together with copies of the documents listed in it will be sent to the adjudicator with the notice referred to in rule 5(2).

(2) The case summary must contain the following information—

(a) the names of the parties,

(b) the addresses of the parties,

(c) details of their legal or other representatives (if any),

(d) a summary of the core facts,

(e) details of the disputed application,

(f) details of the objection to that application,

(g) a list of any documents that will be copied to the adjudicator, and

(h) anything else that the registrar may consider to be appropriate.

(3) The registrar may amend the case summary as he considers appropriate having considered any written comments made to him by the parties under paragraph (1)(c).

Parties' addresses

4. —(1) If the address of a party set out in the case summary does not comply with paragraph (2), that party must provide the registrar with one that does.

(2) An address complies with this paragraph if it—

(a) is a postal address in England and Wales, and

(b) is either that of the party or of his representative.

Notice of referral to the adjudicator

5. —(1) This rule applies—

(a) when the registrar has considered any written comments made by the parties under rule 3(1)(c), or

(b) if he has not received any comments from the parties within the time specified under rule 3(1)(c), on the expiry of that period, and

(c) when he has amended the case summary, if appropriate, under rule 3(3).

(2) The registrar must as soon as practicable—

(a) send to the adjudicator a written notice, accompanied by the documents set out in paragraph (3), informing him that the matter is referred to him under section 73(7) of the Act,

(b) inform the parties in writing that the matter has been referred to the adjudicator, and

(c) send the parties a copy of the case summary prepared under rule 3 in the form sent to the adjudicator.

(3) The notice sent to the adjudicator under paragraph (2)(a) must be accompanied by—

(a) the case summary prepared under rule 3 amended, if appropriate, by the registrar under rule 3(3), and

(b) copies of the documents listed in that case summary.

Specified time periods

6. —(1) For the purposes of rule 3(1)(c), the time specified by the registrar must not end before 12 noon on the fifteenth business day after the date on which the registrar sends the copy of the case summary to the relevant party under rule 3(1)(b) or such earlier time as the parties may agree.

(2) On and after the date specified in any notice given pursuant to rule 216(2) of the Land Registration Rules 2003, paragraph (1) shall have effect with the substitution of the words “eighteenth business day” for the words “fifteenth business day”.