136.—(1) A person may apply for the registrar to designate a relevant document an exempt information document if he claims that the document contains prejudicial information.
[F1(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form EX1 and EX1A and include a copy of the relevant document which—
(a)excludes the prejudicial information,
(b)includes the words “excluded information” where the prejudicial information has been excluded, and
(c)is certified as being a true copy of the relevant document, except that it does not include the prejudicial information and includes the words required by sub-paragraph (b).]
(3) Subject to paragraph (4), provided that the registrar is satisfied that the applicant's claim is not groundless he must designate the relevant document an exempt information document.
(4) Where the registrar considers that designating the document an exempt information document could prejudice the keeping of the register, he may cancel the application.
(5) Where a document is an exempt information document, the registrar may make an appropriate entry in the individual register of any affected registered title.
(6) Where a document is an exempt information document and a further application is made under paragraph (1) which would, but for the existing designation, have resulted in its being so designated, the registrar must prepare another edited information document which excludes—
(a)the information excluded from the existing edited information document, and
(b)any further information excluded from the edited information document lodged by the applicant.
(7) In this rule a “relevant document” is a document—
(a)referred to in the register of title, or one that relates to an application to the registrar, the original or a copy of which is kept by the registrar, or
(b)that will be referred to in the register of title as a result of an application (the “accompanying application”) made at the same time as an application under this rule, or that relates to the accompanying application, the original or a copy of which will be or is for the time being kept by the registrar.
Textual Amendments
F1Rule 136(2) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 48 (with rule 5)
Modifications etc. (not altering text)
C1Rule 136 applied (with modifications) (27.9.2004) by The Commonhold (Land Registration) Rules 2004 (S.I. 2004/1830), rules 1, 3(3)(c)
137.—(1) A person may apply for an official copy of an exempt information document.
(2) Subject to rule 132(1), application under paragraph (1) must be made in Form EX2.
(3) The registrar must give notice of an application under paragraph (1) to the person who made the relevant application under rule 136(1) unless he is satisfied that such notice is unnecessary or impracticable.
(4) If the registrar decides that—
(a)none of the information excluded from the edited information document is prejudicial information, or
(b)although all or some of the information excluded is prejudicial information, the public interest in providing an official copy of the exempt information document to the applicant outweighs the public interest in not doing so,
then he must provide an official copy of the exempt information document to the applicant.
(5) Where the registrar has decided an application under paragraph (1) on the basis that none of the information is prejudicial information, he must remove the designation of the document as an exempt information document and any entry made in respect of the document under rule 136(5).
138.—(1) Where a document is an exempt information document, the person who applied for designation under rule 136(1) may apply for the designation to be removed.
(2) Subject to rule 132(1), an application made under paragraph (1) must be in Form EX3.
(3) Subject to paragraph (4), where the registrar is satisfied that the application is in order, he must remove the designation of the document as an exempt information document and remove any entry made in respect of the document under rule 136(5).
(4) Where—
(a)the document has been made an exempt information document under more than one application,
(b)an application under paragraph (1) is made by fewer than all of the applicants under rule 136(1), and
(c)the registrar is satisfied that the application is in order,
the registrar must replace the existing edited information document with one that excludes only the information excluded both from that edited information document and the edited information documents lodged under rule 136(2)(b) by those applicants not applying under paragraph (1).