# The Land Charges (Amendment) Rules 2005

S.I. 2005/1981 · made 18 July 2005

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

## Introductory text

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 1972 and section 32 of, and paragraph 4(4) of Schedule 4 to, the Family Law Act 1996, hereby makes the following rules:

## 1 Citation 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 2004 comes into force.

## 2 Interpretation

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

## 3 Amendment 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”.

## 4 Amendment 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”.

## 5 Amendment 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They replace outdated references to previous legislation with references to the Family Law Act 1996, and prescribe new forms for applications to register, renew and cancel land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.

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Source: https://www.legislation.gov.uk/uksi/2005/1981 (the official version)
Page: https://openlegislation.uk/land-charges-amendment-rules-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.