Statutory Instruments
2009 No. 1996
Land Registration, England And Wales
The Land Registration (Amendment) Rules 2009
Made
20th July 2009
Laid before Parliament
21st July 2009
Coming into force
1st October 2009
The Lord Chancellor makes the following rules in exercise of the powers conferred by sections 1(2), 25(1), 27(6), 126, 127(1) and 128(1) of, and paragraphs 6(a), 6(b) and 8 of Schedule 10 to, the Land Registration Act 2002( 1 ).
In accordance with section 127( 2 ) of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section.
Citation and commencement
1. These rules may be cited as the Land Registration (Amendment) Rules 2009 and shall come into force on 1 October 2009.
Interpretation
2. —(1) In these rules “the principal rules” means the Land Registration Rules 2003( 3 ).
(2) Expressions used in these rules have the same meaning as in the principal rules, unless the contrary intention appears.
New Rule 111A
3. In the principal rules, after rule 111, insert—
“ Registration of charges by certain overseas companies
111A. —(1) An application to register a charge created by an overseas company must—
(a) be accompanied by evidence to satisfy the registrar that the charge has been registered under Part 3 of the Regulations , or
(b) include a statement that the charge, when created, did not require to be so registered.
(2) If the application does not comply with paragraph (1) the registrar must enter a note in the register to the effect that no evidence has been lodged either that the charge has been registered in accordance with Part 3 of the Regulations or that such registration was not required.
(3) In this rule, “the Regulations” means the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 ( 4 ) . ” .
Amendments to certain forms in Schedule 1 to the principal rules
4. In Schedule 1 to the principal rules, in each of the forms listed in the first column of the following table, in the panels numbered as shown in the second column of that table, for the words “Registered number in England and Wales including any prefix” substitute “Registered number in the United Kingdom including any prefix”—
ADV1 | 6 |
AP1 | 6 and 10 |
AS1 | 5 and 6 |
AS2 | 6 and 7 |
AS3 | 6 and 7 |
CCD | 5 |
CCT | 6 |
CH1 | 4 and 5 |
CT1 | 5 |
DS1 | 5 |
DS2 | 5 |
DS3 | 5 |
FR1 | 6 and 10 |
RX4 | 5 |
TP1 | 5 and 6 |
TP2 | 6 and 7 |
TR1 | 4 and 5 |
TR2 | 5 and 6 |
TR4 | 3 and 4 |
TR5 | 4 and 5 |
UN1 | 6 |
UN2 | 7 |
UN3 | 6 |
UT1 | 6 |
WCT | 5 |
Amendment to Schedule 1A to the principal rules
5. In Schedule 1A to the principal rules, in the panel headed “LR3. Parties to this lease”, for the words “the registered number in England and Wales including any prefix”, substitute “the registered number in the United Kingdom including any prefix”.
Amendments to Schedule 9 to the principal rules
6. In the heading to Form D(i) in Schedule 9 to the principal rules, immediately after “seal” insert “, acting by a director and its secretary or by two directors”.
7. In the heading to Form D(ii) in Schedule 9 to the principal rules, immediately after “Acts,” insert “without using a common seal,”.
8. In Form F in Schedule 9 to the principal rules—
(a) in the heading, immediately after “F” insert “(i)”, and after “seal” insert “, acting by two members”,
(b) for “Signed” substitute “Executed”, and
(c) at the end of the amended Form F(i) insert—
Use of unamended forms
9. —(1) Notwithstanding rule 4, the forms listed in that rule may continue to be used in the form in which they were prescribed immediately before the coming into force of these rules, unless the application for which they are used relates to an overseas company.
(2) Notwithstanding rule 5, a prescribed clauses lease may contain the wording prescribed by Schedule 1A to the principal rules immediately before the coming into force of these rules, unless an overseas company is a party to the lease.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
20th July 2009
2002 c.9 .
Section 127 was amended by the Constitutional Reform Act 2005 (c.4) , section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302.
S.I. 2003/1417 ; relevant amending instruments are S.I. 2005/1982 , 2008/1919 .