# The Land Registration Act 2002 (Transitional Provisions) Order 2003, Note: Explanatory note


(This note is not part of the Order)
This Order makes transitional provisions under the Land Registration Act 2002 (2002 c. 9) (“the Act”). The provisions are in addition to the transitional provisions contained in Schedule 12 to the Act. The Act repeals the Land Registration Act (1925 c. 21) (“the 1925 Act”).
Articles 2 to 5 contain general and administrative provisions concerning the continuation of the Chief Land Registrar in office and of the 1925 Act in relation to applications pending immediately before commencement of the Order and to enable the remaining provisions of the Order to have effect. Provision is also made for the Land Registration Rules 2003 (S.I.2003/1417) (“the 2003 Rules”) to apply to the giving of notice under the Order or (with one exception) the 1925 Act.
Articles 6 to 9 deal with disputes, objections, appeals and proceedings. Provision is made as to which disputes in relation to applications pending immediately prior to commencement of the Order (“commencement”) are to be dealt with by the registrar (or on appeal) under rules and regulations made under the 1925 Act and which are to be dealt with as though they were objections to which section 73 of the 2002 Act applied. Provision is also made for specified court proceedings which have not been concluded immediately before commencement to continue as if the 2003 Act had not been passed.
Articles 10 to 13 deal with matters relating to registered land which immediately before commencement was subject to a declaration that it was souvenir land under rule 3 of the Land Registration (Souvenir Land) Rules 1972 (S.I. 1972/985, amended by S.I. 2002/2539).
Articles 14 to 18 deal with cautions and restrictions by applying Part 5 of the 2003 Rules in a modified way to the form and arrangement of the individual caution registers in respect of cautions against first registration lodged under the 1925 Act. They also set out how cautions against conversion and mortgage cautions are to be dealt with, modify paragraph 2(3) of Schedule 12 to the Act so that the period after which a caution against dealing will cease to have effect (unless an order is made) under section 55(1) of the 1925 Act is that prescribed under paragraph 2(4) of that Schedule and provide for how applications for restrictions in forms of charges and leases approved prior to commencement by the registrar are to be dealt with.
Article 19 makes provision for outline applications delivered before commencement where the reserved periods will expire after commencement.
Article 20 carries forward the requirements of rule 5 of the Land Registration (Matrimonial Home Rights) Rules 1997 (S.I. 1997/1964) in relation to the service of notices in respect of matrimonial cautions.
Article 21 deals with the creation of the index of relating franchises and manors.
Articles 22 and 23 contain transitional provisions relating to dispositions which immediately before commencement should have been registered or were subject to the requirement of first registration under sections 123 and 123A of the 1925 Act.
Article 24 provides for how land and charge certificates (which will no longer be used under the 2002 Act) and documents incorporated in them are to be dealt with after commencement.
Article 25 treats an obligation to make further advances, in respect of a charge, noted in the register under section 30(3) of the 1925 Act as entered in accordance with rules under section 49(3)(b) of the Act.
Article 26 allows a period of grace during which certain forms prescribed under the 1925 Act (and listed in the Schedule to the Order) may still be used, subject to prescribed requirements or limitations.
Article 27 has the effect of excluding certain forms lodged in connection with inspection or copying by the police and others from the inspection and copying by third parties.
Article 28 makes provision in respect of official searches with priority where the priority period has not expired before commencement.
Article 29 provides for office copies and extracts to which section 113 of the 1925 Act applied to be treated as official copies under section 67 of the Act.

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Source: https://www.legislation.gov.uk/uksi/2003/1953/note (the official version)
Page: https://openlegislation.uk/land-registration-act-2002-transitional-provisions-order-2003/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.