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PART 15E+WGENERAL PROVISIONS

InterpretationE+W

General InterpretationE+W

217.—(1) In these rules—

“the Act” means the Land Registration Act 2002 M1,

[F1“adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 1986,]

“affecting franchise” means a franchise which relates to a defined area of land and is an adverse right affecting, or capable of affecting, the title to an estate or charge,

[F2“business day” means a day when the land registry is open for business under rule 216,]

“caution plan” has the meaning given by rule 41(4),

“caution title number” has the meaning given by rule 41(1),

“certified copy” means a copy of a document which a conveyancer, or such other person as the registrar may permit, has certified on its face to be a true copy of the original and endorsed with his name and address, and the reference to a conveyancer includes where the document is one referred to in—

(a)

rule 168(2)(a) or 168(3), the bankrupt's trustee in bankruptcy or the official receiver,

(b)

rule 184(2), the company's administrator,

(c)

rule 184(5), the company's liquidator,

“charges register” is the register so named in rule 4 the contents of which are described in rule 9,

“charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993 M2 respectively,

[F3“Companies Acts” means—

(a)

the Companies Act 2006 and any Act amending or replacing that Act,

(b)

the provisions of the Companies Act 1985, the Companies Consolidation (Consequential Provisions) Act 1985, Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 and the Companies (N.I.) Order 1986 that remain in force, and

(c)

any former enactment relating to companies,]

“control” in relation to a document of which a person has control means physical possession, or the right to possession, or right to take copies of the document,

[F4“conveyancer” has the meaning given by rule 217A,]

“day list” has the same meaning given by rule 12,

F5...

“exempt charity” has the same meaning as in section 96 of the Charities Act 1993 and “non-exempt charity” means a charity which is not an exempt charity,

[F6“home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996, or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983, or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967,]

“index map” has the meaning given by rule 10(1)(a),

“index of proprietors' names” has the meaning given by rule 11(1),

“index of relating franchises and manors” is the index described in rule 10(1)(b),

“individual caution register” is the register so named in rule 41(1) the arrangement of which is described in rule 41(2),

“individual register” is the register so named in rule 2 the contents and arrangement of which are described in rules 3 and 4,

“inheritance tax notice” means a notice in respect of an Inland Revenue charge arising under Part III of the Finance Act 1975 M3 or section 237 of the Inheritance Tax Act 1984 M4,

“matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967 M5 before 14 February 1983,

F7...

“official custodian” means the official custodian for charities,

“old tenancy” means a tenancy as defined in section 28 of the Landlord and Tenant (Covenants) Act 1995 M6 which is not a new tenancy as defined in section 1 of that Act,

“overseas company” means a company incorporated outside [F8the United Kingdom],

“property register” is the register so named in rule 4 the contents of which are described in rules 5, 6 and 7,

“proprietorship register” is the register so named in rule 4 the contents of which are described in rule 8,

“registered title” means an individual register and any title plan referred to in that register,

“relating franchise” means a franchise which is not an affecting franchise,

“Schedule 1 form” means a form in Schedule 1,

“Schedule 3 form” means a form in Schedule 3,

“scheduled form” means a Schedule 1 form or a Schedule 3 form,

“section 33(5) order” means an order made under section 33(5) of the Family Law Act 1996,

[F9“statement of truth” has the meaning given by rule 215A,]

“statutory declaration” includes affidavit,

“title number” has the meaning given by rule 4,

“title plan” has the meaning given by rule 5,

“trust corporation” has the same meaning as in the Settled Land Act 1925 M7,

“trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993,

“unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985 M8 applies,

[F10“working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971 or appointed by the [F11Secretary of State] [F12or, subject to rule 216A(5), certified as an interrupted working day under rule 216A(1).]]

(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.

(3) A reference in these rules to Forms A to Y and [F13Forms AA to [F14SS]] (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.

Textual Amendments

F13Words in rule 217(3) substituted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 9(2)

Modifications etc. (not altering text)

Marginal Citations

[F15Definition of “conveyancer”E+W

217A.—(1) Subject to paragraph (2), in these rules “conveyancer” means—

(a)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,

(b)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 instrument 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

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

(2) For the purposes of a certificate given by a conveyancer under rule 62(2), 63(2), 183(2)(a), or Form LL in Schedule 4, “conveyancer” means—

(a)an authorised person who is an individual and who is 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, or

(b)an individual who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer,

and in either case, the conveyancer must sign in their own name and not that of their firm or employer.

(3) For the purposes of this rule—

(a)“authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,

(b)“licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,

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

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

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

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

Textual Amendments