The Land Registration Rules 2003

Persons regarded as having a sufficient interest to apply for a restriction E+W

93.  The following persons are to be regarded as included in section 43(1)(c) of the Act—

(a) any person who has an interest in a registered estate held under a trust of land where a sole proprietor or a survivor of joint proprietors (unless a trust corporation) will not be able to give a valid receipt for capital money, and who is applying for a restriction in Form A to be entered in the register of that registered estate,

(b) any person who has a sufficient interest in preventing a contravention of section 6(6) or section 6(8) of the Trusts of Land and Appointment of Trustees Act 1996 M1 and who is applying for a restriction in order to prevent such a contravention,

(c) any person who has an interest in a registered estate held under a trust of land where the powers of the trustees are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996, and who is applying for a restriction in Form B to be entered in the register of that registered estate,

(d) any person who has an interest in the due administration of the estate of a deceased person, where—

(i) the personal representatives of the deceased hold a registered estate on a trust of land created by the deceased's will and the personal representatives' powers are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996, and

(ii) he is applying for a restriction in Form C to be entered in the register of that registered estate,

(e) the donee of a special power of appointment in relation to registered land affected by that power,

(f) the Charity Commissioners in relation to registered land held upon charitable trusts,

(g) the Church Commissioners, the Parsonages Board or the Diocesan Board of Finance if applying for a restriction—

(i) to give effect to any arrangement which is made under any enactment or Measure administered by or relating to the Church Commissioners, the Parsonages Board or the Diocesan Board of Finance, or

(ii) to protect any interest in registered land arising under any such arrangement or statute,

(h) any person with the benefit of a freezing order or an undertaking given in place of a freezing order, who is applying for a restriction in Form AA or BB,

(i) any person who has applied for a freezing order and who is applying for a restriction in Form CC or DD,

(j) a trustee in bankruptcy who has an interest in a beneficial interest in registered land held under a trust of land, and who is applying for a restriction in Form J to be entered in the register of that land,

(k) any person with the benefit of a charging order over a beneficial interest in registered land held under a trust of land who is applying for a restriction in Form K to be entered in the register of that land,

(l) a person who has obtained a restraint order under—

(i) paragraph 5(1) or 5(2) of Schedule 4 to the Terrorism Act 2000 M2 , or

(ii) section 41 of the Proceeds of Crime Act 2002 M3 ,

and who is applying for a restriction in Form EE or FF,

(m) a person who has applied for a restraint order under the provisions referred to in paragraph (1) and who is applying for a restriction in Form GG or HH,

(n) a person who has obtained an acquisition order under section 28 of the Landlord and Tenant Act 1987 M4 and who is applying for a restriction in Form L or N,

(o) a person who has applied for an acquisition order under section 28 of the Landlord and Tenant Act 1987 and who is applying for a restriction in Form N,

(p) a person who has obtained a vesting order under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 M5 and who is applying for a restriction in Form L or N,

(q) a person who has applied for a vesting order under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 and who is applying for a restriction in Form N,

(r) the International Criminal Court where it applies for a restriction—

(i) in Form AA or BB to give effect to a freezing order under Schedule 6 to the International Criminal Court Act 2001 M6 , or

(ii) in Form CC or DD to protect an application for such a freezing order,

(s) a receiver or a sequestrator appointed by order who applies for a restriction in Form L or N,

(t) a trustee under a deed of arrangement who applies for a restriction in Form L or N,

(u) a person who has obtained an interim receiving order under section 246 of the Proceeds of Crime Act 2002 and who is applying for a restriction in Form EE or FF, F1 ...

(v) a person who has applied for an interim receiving order under section 246 of the Proceeds of Crime Act 2002 and who is applying for a restriction in Form GG or HH [F2 , and]

[F3 (w) the Legal Services Commission where it has a statutory charge, created by section 16(6) of the Legal Aid Act 1988(1) or by section 10(7) of the Access to Justice Act 1999(2), over a beneficial interest in registered land held under a trust of land and is applying for a restriction in Form JJ to be entered in the register of that land.]

Textual Amendments

F1 Word in rule 93(u) deleted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 6(2)

F2 Word in rule 93(v) substituted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 6(3)

F3 Rule 93(w) inserted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 6(4)

Marginal Citations

M1 1996 c. 47.

M2 2000 c. 11.

M3 2002 c. 29.

M4 1987 c. 31.

M5 1993 c. 28.

M6 2001 c. 17.