Article 2 Interpretation

The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

In these Rules, unless the context otherwise requires—

• “the Act” means the Local Land Charges Act 1975;

• “charge” means a local land charge or a matter which is registrable in a local land charges register;

• “description” in relation to a charge means a description which is sufficient to indicate—

  1. (a)

     the nature of any agreement, certificate, notice, order, resolution, scheme or other instrument or document (not being a statute or an instrument embodying statutory provisions) which comprises the charge or in connection with which the charge came into existence;

  2. (b)

     where apparent from the instrument or document, the date on which the charge came into existence;

  3. (c)

     any statutory provision (other than section 1(1)(e) of the Act or a provision specified in the part of Schedule 2 appropriate for the charge) under or by virtue of which the charge is a local land charge or registrable, or which comprises the charge;

• “general financial charge” means a general charge falling within section 6(2) of the Act or a scheme falling within section 8(8) or 13(6) of the Coast Protection Act 1949 which does not specify the persons by whom coast protection charges are to be paid;

• “originating authority” as respects a charge, means the authority or person who (by virtue of section 5(4) of the Act or, as the case may be, some other statutory provision) is the originating authority for the purposes of the Act;

• “parcel of land” means land which is separately occupied or rated or if not occupied or rated, in separate ownership; and for this purpose an owner is the person who (in his own right or as trustee for any other person) is entitled to receive the rack rent of land, or, where the land is not let at a rack rent, would be so entitled if it were so let;

• “planning charge” means a charge (not falling within section 54(6) of the Act of 1971^f1) which is—

  1. (a)

     a prohibition of, or restriction or condition on, the use of land having effect under or by virtue of any provision of the said Act of 1971, the Community Land Act 1975 or any other statutory provision relating to town and country planning;

  2. (b)

     a notice deposited under section 158 of the said Act of 1971;

  3. (c)

     a resolution passed under section 23(2) of the said Act of 1975; or

  4. (d)

     a notice of intention to acquire land under paragraph 4 or 5 of Schedule 7 to the said Act of 1975;

• “specific financial charge” means a charge falling within section 1(1)(a) of the Act or a scheme falling within section 8(8) or 13(6) of the Coast Protection Act 1949 which specifies the persons by whom coast protection charges are to be paid;

• “register” means local land charges register;

• “relevant document” means a document (other than a public general statute), map or plan in the absence of which the nature and effect of a charge cannot readily be understood or a copy of any such document, map or plan, and includes any document filed in accordance with these Rules.

In these Rules, unless the context otherwise requires, a rule or schedule referred to by number means the rule or schedule so numbered in these Rules and a form designated by letter means the form so designated in Schedule 1.

In these Rules, unless the context otherwise requires, any reference to an enactment is a reference to that enactment as amended, extended or applied by or under any other enactment.