Article 2 Interpretation

In these Rules—

• “applicant” means the party whom the adjudicator designates as such under rule 5 or under rule 24, or the party who makes a rectification application;

• “hearing” means a sitting of the adjudicator for the purpose of enabling the adjudicator to reach or announce a substantive decision, but does not include a sitting of the adjudicator solely in the exercise of one or more of the following powers—

  1. (a)

     to consider an application, representation or objection made in the interim part of the proceedings;

  2. (b)

     to reach a substantive decision without an oral hearing; or

  3. (c)

     to consider whether to grant permission to appeal a decision or to stay the implementation of a decision pending the outcome of an appeal;

• “matter” means the subject of either a reference or a rectification application;

• “office copy” means an official copy of a document held or issued by a public authority;

• “original application” means the application originally made to the registrar that resulted in a reference;

• “proceedings” means, except in the expression “court proceedings”, the proceedings of the matter before the adjudicator but does not include any negotiations, communications or proceedings that occurred prior to the reference or rectification application;

• “record of matters” means a record of references, rectification applications and certain other applications and decisions, kept in accordance with these Rules and in particular in accordance with rule 46;

• “rectification application” means an application made to rectify or set aside a document under section 108(2) for determination of the matter by the adjudicator;

• “reference” means a reference from the registrar to the adjudicator under section 73(7) for determination of the matter by the adjudicator;

• “respondent” means the party or parties who the adjudicator designates as such under rule 5 or rule 24, or the party or parties making an objection to a rectification application;

• “substantive decision” means a decision of the adjudicator on the matter or on any substantive issue that arises in it but does not include any direction in interim parts of the proceedings or any order as to costs or any order as to costs thrown away;

• “substantive order” means an order or direction that records and gives effect to a substantive decision;

• “the Act” means the Land Registration Act 2002 and a reference to a section by number alone is a reference to a section of the Act;

• “witness statement” means a written statement signed by a witness containing the evidence that the witness intends to give; and

• “working day” means any day other than a Saturday or Sunday, Christmas Day, Good Friday or any other bank holiday.

In these Rules a person has a document or other material in his possession or control if—