# The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003, Note: Explanatory note


(This note is not part of the Rules)
These Rules govern the practice and procedure to be following with respect to proceedings before the adjudicator. These Rules also include rules about directions to commence proceedings in court made by the adjudicator under section 110(1) of the Land Registration Act 2002 (“the Act”).
Part 1 of these Rules contains general interpretation provisions and sets out the overriding objective of these Rules.
Part 2 of these Rules contains rules that relate specifically to matters that have been referred to the adjudicator by the registrar under section 73(7) of the Act (“references”).
These include rules in relation to—
(a) notification given by the adjudicator of receipt of a reference (rule 5);
(b) the initial information that the parties have to provide to the adjudicator and to one another (rules 12, 13 and 14);
(c) directions by the adjudicator under section 110(1) of the Act to commence court proceedings (rule 6);
(d) notification of related court proceedings and court decisions (rules 7 and 10) and adjournment pending the outcome of court proceedings (rules 8 and 9).
Part 3 of these Rules contains rules that relate specifically to applications made to the adjudicator to rectify or set aside a document under section 108(2) of the Act (“rectification applications”). These include rules about the form and contents of rectification applications (rule 16) and about notification of and objections to rectification applications (rules 17 and 18).
Part 4 of these Rules contains rules about the preparation for the determination of references and rectification applications.
The majority of the rules in Part 4 concern directions that may be given by the adjudicator (rules 20 to 29 inclusive). Rule 20 contains a general power for the adjudicator to give directions. Rule 21 prescribes the form of directions and rules 22 to 29 inclusive set out specific requirements in relation to certain types of directions.
Part 4 of these Rules also contains rules about site inspections (rule 30) and about preliminary issues (rule 31).
Part 5 of these Rules contains rules about the procedure for determining references and rectification applications and in particular about hearings on these matters (rules 33 to 38 inclusive). This Part contains rules about decisions by the adjudicator on the matter before him or on any substantive issue that arises in the matter (“substantive decisions”) (rule 39) and about substantive orders that record substantive decisions (rules 40 and 41). This Part also contains rules about the making of an order for the payment of costs and of an order for the payment of costs thrown away (rules 42 and 43).
Part 6 contains provisions in relation to appeals to the High Court of decisions by the adjudicator. A party may obtain permission to appeal a decision of the adjudicator from either the High Court or the adjudicator. Rule 45 allows the adjudicator to stay the implementation of his decision pending the outcome of an appeal. The rule contains provisions prescribing when such an application for a stay may be made and requiring the party making the application to provide reasons for the application. Rule 45 also contains provisions about objections and representations and about notification of decisions by the adjudicator as to whether to grant permission to appeal or to stay the implementation of a decision pending the outcome of an appeal.
Part 7 contains rules of general application.

---
Source: https://www.legislation.gov.uk/uksi/2003/2171/note (the official version)
Page: https://openlegislation.uk/adjudicator-to-her-majestys-land-registry-practice-and-procedure-rules-2003/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.