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The Land Charges (Amendment) Rules 2005

S.I. 2005/1981 · Made 18 July 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LAND CHARGES, ENGLAND AND WALES

Made 18th July 2005

Coming into force in accordance with rule 1

The Lord Chancellor, in exercise of the powers conferred upon him by section 16(1) of the Land Charges Act 1972f1 and section 32 of, and paragraph 4(4) of Schedule 4 to, the Family Law Act 1996f2, hereby makes the following rules:

Annotations to the whole text

Footnotes

f1

1972 c. 61.

f2

1996 c. 27.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment to rule 11 of the principal rules
  4. 4Amendment to Schedule 1 to the principal rules
  5. 5Amendment to Schedule 2 to the principal rules
  6. Signature
  7. Schedule SUBSTITUTED FORMS IN SCHEDULE 2 TO THE PRINCIPAL RULES
  8. Explanatory note

1Citation and commencement

These rules may be cited as the Land Charges (Amendment) Rules 2005 and shall come into force on the day that paragraph 2 of Schedule 9 to the Civil Partnership Act 2004f1 comes into force.

2Interpretation

In these rules “the principal rules” means the Land Charges Rules 1974f1.

3Amendment to rule 11 of the principal rules

(1)

In rule 11(i) of the principal rules, for “rights of occupation” substitute “home rights”.

(2)

In rule 11(ii) of the principal rules, for “section 5(1) of the Matrimonial Homes Act 1967” substitute “paragraph 4(1) of Schedule 4 to the Family Law Act 1996” and for “section 5(3)” substitute “paragraph 4(3) of that Schedule”.

4Amendment to Schedule 1 to the principal rules

In paragraph 1(vi) of Schedule 1 to the principal rules, for “section 2(2) of the Matrimonial Homes Act 1967” substitute “section 33(5) of the Family Law Act 1996”.

5Amendment to Schedule 2 to the principal rules

For Forms K2, K8 and K13 in Schedule 2 to the principal rules, substitute respectively Forms K2, K8 and K13 in the Schedule to these rules.

Signature

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

18th July 2005

SUBSTITUTED FORMS IN SCHEDULE 2 TO THE PRINCIPAL RULES

Explanatory note

(This note is not part of the Rules)

These rules amend the Land Charges Rules 1974 to take account of the Family Law Act 1996 and the Civil Partnership Act 2004.

They replace outdated references to previous legislation with references to the Family Law Act 1996, and prescribe new forms for applications to register, renew and cancel land charges relating to home rights under that Act, as amended by the Civil Partnership Act 2004.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Land Registry, 32 Lincoln’s Inn Fields, London WC2A 3PH.