The Land Charges (Amendment) Rules 2012

These rules may be cited as the Land Charges (Amendment) Rules 2012 and shall come into force on 17th December 2012.

In these rules “the principal rules” means the Land Charges Rules 1974^f1, and in the Schedules to these rules (other than in respect of the reference note at the head of each Schedule) a reference to a rule by number is a reference to the rule so numbered in the principal rules.

The rules in, and Schedule 1 to, the principal rules are amended as set out in Schedule 1.

In Schedule 2 to the principal rules—

For Schedule 3 to the principal rules substitute the schedule set out in Schedule 3.

In rule 2(2)—

For rule 3(2) substitute—

• “Subject to rule 20(3), any person may, upon completion of Form K21 and on payment of the prescribed fee, inspect an entry in the register at the principal office.”.

At the beginning of rules 4 and 5 insert “Subject to rule 20(3),”.

Rule 6 is revoked.

In rule 8(1), after “principal office” insert “or by the registrar under the provisions of any relevant notice given under Schedule 3, in either case”.

At the beginning of rules 10, 11 and 12 insert “Subject to rule 20(3),”.

In rule 13 omit paragraph (2).

At the beginning of rule 14(3) insert “Subject to rule 20(3),”.

For rule 16 substitute—

“16.

Subject to rule 20(3), an application for an official search in the index pursuant to section 10(1) shall be made in Form K15 or K16 whichever is appropriate.”.

At the beginning of rule 17(1) insert “Subject to rule 20(6),”.

Rule 18 is revoked.

For rule 19 substitute—

“19.

Subject to rule 20(3), an application for an office copy of an entry in a register shall be made in Form K19.”.

In rule 19A(1), after “Schedule 2” insert “, or provide the particulars referred to in rule 20(3),”.

For rule 20 substitute—

“20.

(1)

Subject to paragraph (3), applications under the Act or these Rules shall be sent by prepaid post or document exchange, or be delivered by hand, to the principal office.

(2)

Subject to paragraph (3), every such application shall be accompanied by the prescribed fee, unless that fee is debited by the registrar to a credit account, or there exists an agreement with the registrar allowing payment of the fee by direct debit or other means.

(3)

Any application or priority notice under the Act or these Rules may, during the currency of a relevant notice given under Schedule 3, and subject to and in accordance with the limitations contained in that notice, be made or given by any means of communication other than post, document exchange or delivery by hand, and the applicant must provide such of the particulars required for an application of that type or for a priority notice as are appropriate in the circumstances and as are required by the notice.

(4)

Notwithstanding the provisions of paragraph (3), the registrar may, at the registrar’s discretion, refuse to accept an application made by means of communication other than post, document exchange or delivery by hand.

(5)

Paragraph (4) does not apply to applications to which section 10(1)(b) applies.

(6)

Any certificates or other results, or acknowledgements of applications under the Act or these rules may, during the currency of a relevant notice given under Schedule 3, and subject to and in accordance with the limitations contained in that notice, be issued by any means of communication other than post or document exchange.

(7)

Where information is issued under paragraph (6) it must be to like effect to that which would have been provided had the information been issued in paper form.”.

In rule 21, after “form” insert “or a relevant notice given under Schedule 3”.

At the beginning of rule 23 insert “Subject to rules 20(6) and (7),”.

After rule 24(2) insert—

“(3)

In the prescribed forms, “conveyancer” means—

(i)

an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,

(ii)

an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instruments activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

(iii)

a person who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer.

(4)

For the purposes of the definition in paragraph (3)—

(i)

“authorised person” has the same meaning as in section 18 of the Legal Services Act 2007^f1,

(ii)

“licensing authority” has the same meaning as in section 73 of the Legal Service Act 2007,

(iii)

“manager” has the same meaning as in section 207 of the Legal Services Act 2007,

(iv)

“regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,

(v)

“relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,

(vi)

“relevant reserved instrumentation activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.”.

At the head of Schedule 1 to the principal rules insert the reference note “Rule 2”.

In the “Relevant Particulars” column of paragraphs 1(v), 2(a)(v), 3(a)(v), and 4(iv) of Schedule 1 to the principal rules, after “district” insert “, or unitary authority area,”.

“SCHEDULE 3

NOTICES PUBLICISING ARRANGEMENTS FOR ELECTRONIC AND OTHER MODES OF DELIVERY OF APPLICATIONS AND OTHER MATTERS

Rule 20(3)

1.

If the registrar is satisfied that adequate arrangements have been made or will be in place for dealing with applications, priority notices, certificates, acknowledgements or other results of applications under the Act or these Rules by means other than post, document exchange or delivery by hand, the registrar may, in such manner as the registrar thinks appropriate, give notice publicising the arrangements.

2.

Subject to paragraphs 3, 4 and 5, a notice given under paragraph 1 will be current from the time specified in the notice until the time, if any, specified in the notice or if no expiry date is specified, indefinitely.

3.

A notice given under paragraph 1 may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.

4.

If and so long as, owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications or certificates and results covered by a notice given under paragraph 1, such arrangements cease in whole or in part to be effective, the notice shall cease to be treated as current so far as relevant.

5.

Paragraph 4 will apply despite the absence of a variation, suspension or withdrawal of the notice under paragraph 3.”

(This note is not part of the rules)