Statutory Instruments
2022 No. 1149
Land Charges, England And Wales
The Local Land Charges (Amendment) Rules 2022
Made
7th November 2022
Laid before Parliament
8th November 2022
Coming into force
29th November 2022
The Lord Chancellor, in exercise of the powers conferred by sections 14(1)(a), (fa) and (g) of the Local Land Charges Act 1975( 1 ), makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Local Land Charges (Amendment) Rules 2022 and come into force on 29th November 2022.
Amendments to the Local Land Charges Rules 2018
2. —(1) The Local Land Charges Rules 2018( 2 ) are amended as follows.
(2) In rule 2—
(a) in paragraph (1), after the definition of “charge” insert—
“ “ conservation covenant ” has the meaning given by Part 7 of the Environment Act 2021 ( 3 ) ; ” and
(b) in paragraph (2), after “In” insert “rule 6 and” .
(3) In rule 6—
(a) for paragraph (2), substitute—
“ (2) Where a registered charge has been varied or any registration is incorrect, the following person must apply for the variation or cancellation of the registration—
(a) in the case of a conservation covenant, the originating authority ( 4 ) ; or
(b) in the case of any other charge, the person by whom the charge is enforceable. ” ;
(b) for paragraph (3), substitute—
“ (3) Where a registered charge has been discharged, ceased to have effect or ceased to be a charge, the following person must apply for the cancellation of the registration—
(a) in the case of a conservation covenant, the originating authority; or
(b) in the case of any other charge, the person by whom the charge was enforceable. ” ;
(c) for paragraph (6), substitute—
“ (6) The registrar must vary a registration if an application for its variation is received from—
(a) in the case of a conservation covenant, the originating authority; or
(b) in the case of any other charge, the person by whom the charge is enforceable. ” ; and
(d) for paragraph (8), substitute—
“ (8) The registrar must cancel a registration if an application for its cancellation is received from—
(a) in the case of a conservation covenant, the originating authority; or
(b) in the case of any other charge, the person by whom the charge is or was enforceable. ” .
Bellamy
Parliamentary Undersecretary of State
Ministry of Justice
7th November 2022
1975 c. 76 ; section 14 was amended by paragraph 13 of Schedule 5 to the Infrastructure Act 2015 (c. 7) and by section 158 of the Local Government and Housing Act 1989 (c. 42) .
Section 120(2) of the Environment Act 2021 provides that for the purposes of the Local Land Charges Act 1975 the originating authority, as respects a conservation covenant, is the person by whom an obligation of the landowner under the covenant is enforceable.