Power for Parts 1 and 3 to be applied gradually to local authority areasE+W
40(1)Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority if (and only if)—E+W
(a)the Chief Land Registrar gives notice in writing to the local authority that, on and after the date specified in the notice, those Parts will have effect in relation to that area, and
(b)before that date, the notice is publicised in such manner as the Chief Land Registrar thinks is likely to bring the arrangements under the Local Land Charges Act 1975 as amended by Part 1 of this Schedule to the attention of persons who are likely to want to apply to register local land charges in, or to search, the register of local land charges after that Part has effect in relation to that area.
(2)The Chief Land Registrar may withdraw a notice under sub-paragraph (1) (“the original notice”) by a notice in writing which—
(a)is given before the date specified in the original notice to the authorities to whom the original notice was given, and
(b)is publicised before that date in such manner as the Chief Land Registrar thinks is likely to bring the withdrawal to the attention of the persons to whom the original notice was publicised.
(3)If, in accordance with this paragraph, the Chief Land Registrar gives a notice under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect in relation to the area specified in the notice on and after the date specified in it.
(4)This paragraph does not prevent the making of rules under section 14 of the Local Land Charges Act 1975 as amended by Part 1 of this Schedule—
(a)in relation to the operation of that Act as amended by that Part, or
(b)in relation to the operation of any other statutory provision by virtue of which any matter is registrable in the local land charges register,
but such rules have effect in relation to the area of a local authority if (and only if) that Part has effect in relation to that area in accordance with this paragraph.
Commencement Information
I1Sch. 5 para. 40 in force at 12.4.2015, see s. 57(5)(e)