Land Registration (Amendment) Rules (Northern Ireland) 2007

S.R. 2007/4 · Made 9 January 2007

Contents

1. 1Citation and commencement
2. 2Interpretation
3. 3Amendment of the Land Registration Rules
4. Signature
5. Schedule: AMENDMENT OF THE LAND REGISTRATION RULES
6. 1Paragraph 1
7. 2Paragraph 2
8. 3Paragraph 3
9. 4Paragraph 4
10. 5Paragraph 5
11. 6Paragraph 6
12. 7Paragraph 7
13. 8Paragraph 8
14. 9Paragraph 9
15. 10Paragraph 10
16. 11Paragraph 11
17. 12Paragraph 12
18. 13Paragraph 13
19. FORM 1Application by a Solicitor for first registration (rule 11(1))
20. Part FORM 43: Application for the registration of a matrimonial or civil partnership charge as a burden
21. (rule 92(1))
22. FORM 44Entry of a matrimonial or civil partnership charge as a burden on the register
23. Part FORM 45: Application for the renewal of the registration of a matrimonial or civil partnership charge pursuant to Article 9(3)(a) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998
24. (rule 92(5))
25. FORM 100Statement to accompany an application for registration or dealing presented in the Registry by a solicitor (Rule 195).
26. Explanatory note

1Citation and commencement

These Rules may be cited as the Land Registration (Amendment) Rules (Northern Ireland) 2006 and shall come into operation on 1st April 2007.

2Interpretation

In these Rules—

• “the Land Registration Rules” means the Land Registration Rules (Northern Ireland) 1994^f1;

• a reference to a rule or a form is a reference to a rule or a form in the Land Registration Rules.

3Amendment of the Land Registration Rules

The Land Registration Rules are amended in accordance with the Schedule.

Signature

Sealed with the Official Seal of the Department of Finance and Personnel on 9th January 2007.

L.S.

A senior officer of the

Department of Finance and Personnel

1

In Rule 2(1) (Interpretation)^f1—

(1)

After the interpretation of “The Ground Rents Act” insert ““the 1998 Order” means the Family Homes and Domestic Violence (Northern Ireland) Order 1998”^f2.

(2)

For the definition of “matrimonial charge” substitute ““matrimonial or civil partnership charge” has the same meaning as in Article 5 of the 1998 Order”.

(3)

In the definition of “rights of occupation” for the words “Part II of the Family Law Order” substitute “Article 4 of the 1998 Order”.

2

In Rule 29(2) (Notification of proposed registration)—

(a)

After the word “matrimonial” insert “or civil partnership”.

(b)

For the words “the Family Law Order” substitute “the 1998 Order”.

(c)

After the word “spouse” insert “or civil partner”.

3

In Rule 60 (Notice to owner of inclusion of registered charge) for the word “shall” substitute “may”.

4

In Rule 86 (Registration of charging orders under the Criminal Justice Order) for the word “shall” substitute “may”.

5

In Rule 89 (Application for registration of other enforcement orders) for the word “shall” substitute “may”.

6

Delete Rule 90(2) (Cancellation of entries in respect of enforcement orders).

7

In Rule 91(4) (Registration of pending actions) for the word “shall” substitute “may”.

8

In Rule 92 (Registration of matrimonial charges and renewal of registration)—

(a)

In the heading and in paragraphs (1), (4) and (5) after the word “matrimonial” where it occurs insert “or civil partnership”.

(b)

In paragraph (1)(a) after the word “marriage” insert “or civil partnership”.

(c)

For the words “the Family Law Order” in each place they occur, substitute the words “the 1998 Order”.

(d)

In paragraph (2) for “Part II” substitute “Article 2(2)”.

(e)

In paragraphs (3) and (5) for the words “Article 5(4)” in each place where they occur, substitute “Article 5(7)”.

9

In Rule 93 (Cancellation and variation of entries relating to the registration of matrimonial charges and postponement of priority)—

(a)

In the heading and in paragraph (1) after the word “matrimonial” where it occurs, insert “or civil partnership”.

(b)

In paragraphs (2)(a) and (d) and (3)(a) after the word “spouse” in each place where it occurs, insert “or civil partner”.

(c)

In paragraph (2)(b) after the words “nullity of marriage” insert “or a certified copy of a dissolution or nullity order of the civil partnership”.

(d)

In paragraphs 2(b) and (d) after the word “marriage” insert “or civil partnership”.

(e)

In paragraphs (2)(c) and (3) for the words “the Family Law Order” in each place where they occur substitute “the 1998 Order”.

(f)

In paragraph 3 for the words “Article 5(4)” in each place where they occur, substitute “Article 5(7)”.

10

In Rule 147(3) and (4) (Appurtenances) substitute the word “may” for “shall”.

11

In Rule 153(3) (Notice of Bankruptcy petition) substitute the word “may” for “shall”.

12

In Rule 169 (Notice of application) substitute the word “may” for “shall”.

13

In Schedule 2 to the Land Registration Rules—

(a)

For Form 1 substitute—

FORM 1Application by a Solicitor for first registration (rule 11(1))

(b)

Delete Form 2

(c)

For Form 43 [Rule 92] substitute—

(rule 92(1))

(d)

For Form 44 [Rule 92(4)] substitute—

FORM 44Entry of a matrimonial or civil partnership charge as a burden on the register

(e)

For Form 45 [Rule 92(5)] substitute—

(rule 92(5))

(f)

For Form 100 (Rule 195) substitute—

FORM 100Statement to accompany an application for registration or dealing presented in the Registry by a solicitor (Rule 195).

Explanatory note

(This note is not part of the Rules)

These Rules make amendments to the Land Registration Rules (Northern Ireland) 1994 (“the Land Registration Rules”) consequential upon the Family Homes and Domestic Violence (Northern Ireland) Order 1998 and relevant provisions of the Civil Partnership Act 2004 which came into force in Northern Ireland on 5th December 2005.

These Rules also amend the Land Registration Rules to simplify applications for first registration of title and applications relating to registered land and the registration process.