Search Legislation

The Land Registration Act 2002 (Transitional Provisions) Order 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening OptionsExpand opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Hearing of existing disputes

6.—(1) This article applies to any pending application in relation to which there is, immediately before commencement, a dispute to which rule 299(1) of the 1925 Rules applies that has not been finally disposed of.

(2) For the purposes of paragraph (1) there is a dispute to which rule 299(1) of the 1925 Rules applies where—

(a)in relation to a caution lodged under section 54 of the 1925 Act or rule 215(2) of the 1925 Rules, an application has been lodged that has resulted in the notice referred to in rule 218 of the 1925 Rules being issued before commencement, provided that (whether before or after commencement) the registrar is satisfied that cause has been shown under rule 219(3) of the 1925 Rules, and

(b)in the case of any other pending application, a person has, before commencement, objected to the application under rule 298(1) of the 1925 Rules, provided that the registrar is satisfied subsequently that the objection cannot be treated as groundless under rule 298(4) of the 1925 Rules.

(3) Neither the objection that has led to the dispute, nor any subsequent objection to the same application, shall constitute an objection for the purpose of section 73 of the Act.

(4) The registrar must deal with or continue to deal with the existing dispute and any dispute resulting from any subsequent objection to the same application, in accordance with rule 299 of the 1925 Rules and, where appropriate, the Land Registration (Hearings Procedure) Rules 2000(1) until the dispute has been finally disposed of.

(5) Subject to the modifications referred to in paragraph (6), the Regulations shall continue to apply in relation to any dispute referred to in paragraph (1) to enable relevant acts of the registrar to which those regulations relate to be done or continue to be done by a person nominated by the registrar under the Regulations.

(6) The modifications referred to in paragraph (5) are—

(a)substitution of the following sub-paragraph for regulation 2(d) of the Regulations—

(d)“qualified officer” means a member of staff of the land registry who holds a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; and,

(b)substitution of the words “qualified officer” for the words “qualified registrar” where they occur in regulations 3(1), 5(1) and 6(1) of the Regulations,

(c)substitution of the word “person” for the word “registrar” where it occurs in regulations 3(2), 5(2) and 6(2) of the Regulations, and

(d)substitution of the words “qualified officer” for the word “registrar ” where it occurs in regulations 5(3) and 6(3) of the Regulations.

(1)

S.I. 2000/2213.

Back to top

Options/Help