OpenLegislation

Schedule 3

Original text. Later amendments are not shown.

“Local land charges

49
(1)

This regulation shall apply where an area is transferred from one relevant area to another such area, and in this regulation “transferred area” means an area so transferred and—

  • “register” means a local land charges register kept in pursuance of section 3(2) of the Local Land Charges Act 1975;

  • “registering authority” means a registering authority for the purposes of that Act;

  • “relevant area” means a district or London borough or the City and the Temples;

  • “the transferor authority”, in relation to any transferred area, means the registering authority for the relevant area from which the transferred area is transferred; and

  • “the transferee authority”, in relation to any transferred area, means the registering authority for the relevant area to which the transferred area is transferred.

(2)
(a)

This paragraph shall apply to every transferred area other than one transferred from a transferor authority dissolved by the order to the residuary successor of that authority.

(b)

The transferor authority shall immediately before the appointed day supply to the transferee authority an office copy of any registration in the register kept by the transferor authority relating to any land in the transferred area and of any document, map or plan deposited with or filed by the transferor authority in connection with that registration.

(c)

The transferee authority shall, within 14 days after the receipt under sub-paragraph (b) of an office copy of any registration and any document, map or plan, enter the particulars of the registration, with any necessary modifications, in the appropriate part of the register kept by them, and file the document, map or plan.

(d)

Until all the registration and filing required by sub-paragraph (c) has been carried out and notice thereof has been given under sub-paragraph (e), the following provisions shall have effect in relation to land in the transferred area—

(i)

the transferee authority shall notify any person making a personal search in the register kept by that authority that an additional search should be made in the register kept by the transferor authority;

(ii)

where a requisition is made for an official search of the register kept by the transferee authority, that authority shall, in addition to making the search required and issuing an official search certificate setting out the result of the search, forward the requisition to the transferor authority;

(iii)

subject to paragraph (4), the transferor authority shall permit and make such searches and furnish such office copies and certificates as they would have been required to permit, make and furnish, and shall in relation thereto have the same powers and be subject to the same obligations, as they would have had or been subject to if this regulation and the order had not been made.

(e)

On the completion of all the registration and filing required by sub-paragraph (c) the transferee authority shall notify the transferor authority that such registration and filing is complete.

(3)
(a)

This paragraph shall have effect where a registering authority is dissolved by the order, and in this paragraph—

  • “the registering authority” means such registering authority;

  • “the residuary successor” means the residuary successor of the registering authority.

(b)

The registering authority shall immediately before the appointed day deliver the register kept by them to the residuary successor, together with any document, map or plan deposited with or filed by the registering authority as such.

(c)

On delivery of the register and any document, map or plan under sub-paragraph (b), the residuary successor shall incorporate any registration in the register relating to land in the area transferred to the residuary successor, with any necessary modifications, in the register kept by them, and file any document, map or plan connected with that registration.

(d)

Until such incorporation and filing has been completed—

(i)

the residuary successor shall notify any person making a personal search in the register kept by them that an additional search should be made in the register delivered under sub-paragraph (b);

(ii)

where a requisition is made for an official search of the register kept by the residuary successor, the search shall extend to the registration in the register delivered under sub-paragraph (b) relating to land in the area transferred to the residuary successor;

(iii)

subject to paragraph (4), the residuary successor shall in relation to any additional or extended search made under (i) or (ii) above have the same powers and be subject to the same obligations as the registering authority would have had or been subject to if this regulation and the order had not been made.

(e)

In the application of paragraph (2)(d) to any area transferred from the registering authority to any authority other than the residuary successor of the registering authority—

  • in (i), for “kept by the transferor authority” there shall be substituted “delivered to the residuary successor of the transferor authority under paragraph (3)(b)”;

  • in (ii), for “transferor authority” there shall be substituted “residuary successor of the transferor authority”;

  • in (iii), for “transferor authority” there shall be substituted “residuary successor of the transferor authority” and for “they” wherever occurring, there shall be substituted “the transferor authority”,

and in the application of paragraph (2)(e) to any such area, for “the transferor authority” there shall be substituted “the residuary successor of the transferor authority”.

(4)

The fee paid for the making of any search of a register to which paragraph (2)(d)(i) or (ii) or paragraph (3)(d)(i) or (ii), as the case may be, applies, shall cover any additional or extended search made under such provisions in connection with the first-mentioned search.”