Constitutional Reform Act 2005

Local Land Charges Act 1975 (c. 76) U.K.

82 U.K. The Local Land Charges Act 1975 is amended as follows.

83 U.K. After section 13 insert—

“13A Specification of fees by registering authorities in England

(1) Each registering authority in England must specify fees which are to be payable by persons for services relating to local land charges which are provided to them by the authority.

(2) This section does not apply to any fees payable for the making of a personal search (for which see section 14(1)(h)(i) below).

(3) Different fees may be specified for different services or descriptions of service.

(4) A registering authority may provide for there to be services or descriptions of service in respect of which no fees are to be payable.

(5) In specifying fees, a registering authority must secure that, taking one financial year with another, the income from fees for each service or description of service, or for each group of services or descriptions of service that they think appropriate, does not exceed the costs of its provision.

(6) When exercising the duty under subsection (1) above, a registering authority must specify the date on or after which the fees specified under that subsection are to be payable.

(7) Where the duty under subsection (1) above is exercised by a registering authority, they must publish details of the fees specified under that subsection before the date mentioned in subsection (6) above.

(8) If any fees specified under subsection (1) above are to be the same immediately before as immediately after the beginning of a financial year, a registering authority must publish details of those fees shortly before the beginning of the financial year.

(9) In specifying fees or publishing details of fees, a registering authority must have regard to such guidance as the Lord Chancellor may issue.

(10) That guidance—

(a) may also include provision concerning the manner in which fees are to be paid, and

(b) may be framed by reference to guidance issued by a person other than the Lord Chancellor.

(11) The Lord Chancellor must lay before both Houses of Parliament any guidance that he issues under this section.

(12) In this section “financial year” means a period of 12 months beginning with 1st April.”

84 (1) Section 9 (official searches) is amended as follows. U.K.

(2) For subsection (3) substitute—

“(3) In relation to England, the fee (if any) specified by a registering authority under section 13A below shall be payable, in such manner as the authority may specify, in respect of any requisition made under this section to that authority.

(3A) In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.”

(3) In subsection (4)—

(a) after “fee” insert “ (if any) ”;

(b) after “(3)” insert “ or (3A) ”.

85 (1) In section 14 (rules), for subsection (1)(h) substitute— U.K.

“(h) for prescribing—

(i) in relation to England, the fees, if any, to be paid for the making of any personal search;

(ii) in relation to Wales, the fees, if any, to be paid for the filing of documents with a registering authority, the making of any entry on a register, the supply of copies of, or the variation or cancellation of, any such entry, and the making of any search of a register.”

(2) The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.