The Land Registration Rules 2003

PART 15 E+W GENERAL PROVISIONS

Notices and Addresses for Service E+W

Content of notice E+W

197.—(1) Every notice given by the registrar must—

(a) fix the time within which the recipient is to take any action required by the notice,

(b) state what the consequence will be of a failure to take such action as is required by the notice within the time fixed,

(c) state the manner in which any reply to the notice must be given and the address to which it must be sent.

(2) Except where otherwise provided by these rules, the time fixed by the notice will be the period ending at 12 noon on the fifteenth business day after the date of issue of the notice.

Address for service of notice E+W

198.—(1) A person who is (or will as a result of an application be) a person within paragraph (2) must give the registrar an address for service to which all notices and other communications to him by the registrar may be sent, as provided by paragraph (3).

(2) The persons referred to in paragraph (1) are—

(a) the registered proprietor of a registered estate or registered charge,

(b) the registered beneficiary of a unilateral notice,

(c) a cautioner named in an individual caution register,

[F1 (d) a person named in—

(i) a standard form of restriction set out in Schedule 4, whose address is required by that restriction, or

(ii) any other restriction, whose consent or certificate is required, or to whom notice is required to be given by the registrar or another person,

except where the registrar is required to enter the restriction without application,]

(e) a person entitled to be notified of an application for adverse possession under rule 194,

(f) a person who objects to an application under section 73 of the Act,

(g) a person who gives notice to the registrar under paragraph 3(2) of Schedule 6 to the Act, and

(h) any person who while dealing with the registrar in connection with registered land or a caution against first registration is requested by the registrar to give an address for service.

(3) A person within paragraph (1) must give the registrar an address for service which is a postal address, whether or not in the United Kingdom.

(4) A person within paragraph (1) may give the registrar one or two additional addresses for service, provided that he may not have more than three addresses for service, and the address or addresses must be—

(a) a postal address, whether or not in the United Kingdom, or

(b) subject to paragraph (7), a box number at a United Kingdom document exchange, or

(c) an electronic address.

(5) Subject to paragraphs (3) and (4) a person within paragraph (1) may give the registrar a replacement address for service.

(6) A cautioner who is entered in the register of title in respect of a caution against dealings under section 54 of the Land Registration Act 1925 may give the registrar a replacement or additional address for service provided that—

(a) he may not have more than three addresses for service,

(b) one of his addresses for service must be a postal address, whether or not in the United Kingdom, and

(c) all of his addresses for service must be such addresses as are mentioned in paragraph (4).

[F2 (6A) Where a cautioner who is shown in the register of title as having been entered in that register in respect of a caution against dealings under section 54 of the Land Registration Act 1925 has died, his personal representative may apply to the registrar for the entry of a replacement or additional address for service provided that—

(a) there may not be more than three addresses for service,

(b) one of the addresses for service must be a postal address, whether or not in the United Kingdom,

(c) all of the addresses for service must be such addresses as are mentioned in paragraph (4), and

(d) the application must be accompanied by—

(i) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Justice Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,

(ii) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,

(iii) a court order appointing the applicant as the deceased’s personal representative, or

(iv) (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that he holds the original or a certified office copy of such grant of probate, letters of administration or court order.]

(7) The box number referred to at paragraph (4)(b) must be at a United Kingdom document exchange to which delivery can be made on behalf of the land registry under arrangements already in existence between the land registry and a service provider at the time the box number details are provided to the registrar under this rule.

(8) In this rule an electronic address means—

(a) an e-mail address, or

(b) any other form of electronic address specified in a direction under paragraph (9).

(9) If the registrar is satisfied that a form of electronic address, other than an e-mail address, is a suitable form of address for service he may issue a direction to that effect.

(10) A direction under paragraph (9) may contain such conditions or limitations or both as the registrar considers appropriate.

(11) A person within paragraph (2)(d) shall be treated as having complied with any duty imposed on him under paragraph (1) where rule 92(2)(b) has been complied with.

Textual Amendments

F1 Rule 198(2)(d) substituted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 8

F2 Rule 198(6A) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 64 (with rule 5)

Service of notice E+W

199.—(1) All notices which the registrar is required to give may be served—

(a) by post, to any postal address in the United Kingdom entered in the register as an address for service,

(b) by post, to any postal address outside the United Kingdom entered in the register as an address for service,

(c) by leaving the notice at any postal address in the United Kingdom entered in the register as an address for service,

(d) by directing the notice to the relevant box number at any document exchange entered in the register as an address for service,

(e) by electronic transmission to the electronic address entered in the register as an address for service,

(f) subject to paragraph (3), by fax, or

(g) by any of the methods of service given in sub-paragraphs (a), (b), (c) and (d) to any other address where the registrar believes the addressee is likely to receive it.

(2) In paragraph (1) references to an address or box number “entered in the register as an address for service” include an address for service given under rule 198(2)(h), whether or not it is entered in the register.

(3) The notice may be served by fax if the recipient has informed the registrar in writing—

(a) that the recipient is willing to accept service of the notice by fax, and

(b) of the fax number to which it should be sent.

(4) Service of a notice which is served in accordance with this rule shall be regarded as having taken place at the time shown in the table below—

Method of service	Time of service
Post to an address in the United Kingdom	The second working day after posting
Leaving at a postal address	The working day after it was left
Post to an address outside the United Kingdom	The seventh working day after posting
Document exchange	On the second working day after it was left at the registrar's document exchange
Fax	The working day after transmission
Electronic transmission to an electronic address	The second working day after transmission

(5) In this rule “post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such a period as is reasonable in all the circumstances.

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rule 199(6) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 65 (with rule 5)

Specialist assistance E+W

Use of specialist assistance by the registrar E+W

200.—(1) The registrar may refer to an appropriate specialist—

(a) the examination of the whole or part of any title lodged with an application for first registration, or

(b) any question or other matter which arises in the course of any proceedings before the registrar and which, in his opinion, requires the advice of an appropriate specialist.

(2) The registrar may act upon the advice or opinion of an appropriate specialist to whom he has referred a matter under paragraph (1).

(3) In this rule, “appropriate specialist” means a person who the registrar considers has the appropriate knowledge, experience and expertise to advise on the matter referred to him.

Proceedings before the registrar E+W

Production of documents E+W

201.—(1) The registrar may only exercise the power conferred on him by section 75(1) of the Act if he receives from a person who is a party to proceedings before him a request that he should require a document holder to produce a document for the purpose of those proceedings.

(2) The request must be made—

(a) in paper form in Form PRD1 delivered to such office of the land registry as the registrar may direct, or

(b) during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, by delivering the request to the registrar, by any means of communication, other than as mentioned in sub-paragraph (a).

(3) The registrar must give notice of the request to the document holder.

(4) The address for the document holder provided in Form PRD1 is to be regarded for the purpose of rule 199 as an address for service given under rule 198(2)(h).

(5) The notice must give the document holder a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

(6) The response must—

(a) state whether or not the document holder opposes the request,

(b) if he does, state in full the grounds for that opposition,

(c) give an address to which communications may be sent, and

(d) be signed by the document holder or his conveyancer.

(7) The registrar must determine the matter on the basis of the request and any response submitted to him and, subject to paragraph (8), he may make the requirement by sending a notice in Form PRD2 to the document holder if he is satisfied that—

(a) the document is in the control of the document holder, and

(b) the document may be relevant to the proceedings, and

(c) disclosure of the document is necessary in order to dispose fairly of the proceedings or to save costs,

and he is not aware of any valid ground entitling the document holder to withhold the document.

(8) The registrar may, as a condition of making the requirement, provide that the person who has made the request should pay the reasonable costs incurred in complying with the requirement by the document holder.

(9) In this rule, “document holder” means the person who is alleged to have control of a document which is the subject of a request under paragraph (1).

Costs E+W

202.—(1) A person who has incurred costs in relation to proceedings before the registrar may request the registrar to make an order requiring a party to those proceedings to pay the whole or part of those costs.

(2) The registrar may only order a party to proceedings before him to pay costs where those costs have been occasioned by the unreasonable conduct of that party in relation to the proceedings.

(3) Subject to paragraph (5), a request for the payment of costs must be made by delivering to the registrar a written statement in paper form by 12 noon on the twentieth business day after the completion of the proceedings to which the request relates.

(4) The statement must—

(a) identify the party against whom the order is sought and include an address where notice may be served on that party,

(b) state in full the grounds for the request,

(c) give an address to which communications may be sent, and

(d) be signed by the person making the request or his conveyancer.

(5) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, a request under this rule may also be made by delivering the written statement to the registrar, by any means of communication, other than as mentioned in paragraph (3).

(6) The registrar must give notice of the request to the party against whom the order is sought at the address provided under paragraph (4)(a) and if that party has an address for service in an individual register that relates to the proceedings, at that address.

(7) An address for a party provided under paragraph (4)(a) is to be regarded for the purpose of rule 199 as if it was an address for service given under rule 198(2)(h).

(8) The notice must give the recipient a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

(9) The response must—

(a) state whether or not the recipient opposes the request,

(b) if he does, state in full the grounds for that opposition,

(c) give an address to which communications may be sent, and

(d) be signed by the recipient or his conveyancer.

(10) The registrar must determine the matter on the basis of: the written request and any response submitted to him, all the circumstances including the conduct of the parties, and the result of any enquiries he considers it necessary to make.

(11) The registrar must send to all parties his written reasons for any order he makes under paragraph (1).

(12) An order under paragraph (1) may—

(a) require a party against whom it is made to pay to the requesting party the whole or such part as the registrar thinks fit of the costs incurred in the proceedings by the requesting party,

(b) specify the sum to be paid or require the costs to be assessed by the court (if not otherwise agreed), and specify the basis of the assessment to be used by the court.

Retention and return of documents E+W

Retention of documents on completion of an application E+W

203.—(1) Subject to paragraphs (2) to (5), on completion of any application the registrar may retain all or any of the documents that accompanied the application and must return all other such documents to the applicant or as otherwise specified in the application.

(2) When making an application, an applicant or his conveyancer may request the return of all or any of the documents accompanying the application.

(3) Except on an application for first registration, a person making a request under paragraph (2) must deliver with the application certified copies of the documents which are the subject of the request.

(4) On an application for first registration, a person making a request under paragraph (2) for the return of any statutory declaration, [F4 statement of truth,] subsisting lease, subsisting charge[F4 , a certificate relating to stamp duty land tax as required by section 79 of the Finance Act 2003,] or the latest document of title must deliver with the application certified copies of any such documents as are the subject of the request, but shall not be required to deliver copies of any other documents.

(5) Subject to the delivery of any certified copies required under paragraphs (3) or (4), the registrar must comply with any request made under paragraph (2).

(6) The registrar may destroy any document retained under paragraph (1) if he is satisfied that either—

(a) he has made and retained a sufficient copy of the document, or

(b) further retention of the document is unnecessary.

(7) If the registrar considers that he no longer requires delivery of certified copies of documents, or classes of documents, under this rule he may, in such manner as he thinks appropriate for informing persons who wish to make applications, give notice to that effect and on and after the date specified in such notice—

(a) the requirement under this rule to deliver certified copies of the documents covered by the notice no longer applies, and

(b) the registrar may amend any Schedule 1 form to reflect that fact.

(8) In paragraph (4) the “latest document of title” means the document vesting the estate sought to be registered in the applicant or where the estate vested in the applicant by operation of law the most recent document that vested the estate in a predecessor of the applicant.

Textual Amendments

F4 Words in rule 203(4) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 66 (with rule 5)

Modifications etc. (not altering text)

C1 Rule 203 excluded (4.8.2008) by The Land Registration (Electronic Conveyancing) Rules 2008 (S.I. 2008/1750), rules 1, 6, Sch. 2 Pt. 2 para. 4

C2 Rule 203 excluded (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), arts. 1(1), 24(2)

Request for the return of certain documents E+W

204.—(1) This rule applies to all documents on which any entry in the register of title is or was founded and which are kept by the registrar on the relevant date.

(2) During the period of 5 years beginning with the relevant date any person who delivered a document to the registrar may request the return of that document.

(3) Where at the time of the delivery of the document the person delivering the document was the registered proprietor, or was applying to become the registered proprietor, of any registered estate or registered charge in respect of which the entry referred to in paragraph (1) was made, a person who is at the date of the request the registered proprietor of any part of the same registered estate or registered charge may make a request under paragraph (2) for the document to be returned to him.

(4) Subject to paragraph (5), if, at the date of the request under paragraph (2), the document is kept by the registrar he must return it to the person making the request.

(5) If the registrar receives more than one request under paragraph (2) in respect of the same document, he may either retain the document or, in his discretion, return it to one of the persons making a request.

(6) At the end of the period mentioned in paragraph (2) if there is no outstanding request in relation to the document the registrar may destroy any document if he is satisfied that—

(a) he has retained a copy of the document, or

(b) further retention of the document is unnecessary.

(7) Where a request is made for the return of a document after the end of the period mentioned in paragraph (2), the registrar may treat the request as a request under paragraph (2).

(8) The “relevant date” for the purpose of this rule is the date on which these rules come into force.

Modifications etc. (not altering text)

C3 Rule 204 excluded (13.10.2003) by The Land Registration Act 2002 (Transitional Provisions) Order 2003 (S.I. 2003/1953), arts. 1(1), 24(2)

Release of documents kept by the registrar E+W

205.  The registrar may release any document retained under rule 203(1) or to which rule 204 applies upon such terms, if any, for its return as he considers appropriate.

Forms E+W

Use of forms E+W

206.—(1) Subject to paragraph (4) and to rules [F5 207A,] 208 and 209, the Schedule 1 forms must be used where required by these rules and must be prepared in accordance with the requirements of rules 210 and 211.

(2) Subject to paragraph (4) and to rules 208 and 209, except where these rules require the use of a Schedule 1 form, the Schedule 3 forms must be used in all matters to which they refer, or are capable of being applied or adapted, with such alterations and additions as are desired and the registrar allows.

(3) Subject to rule 208(2), the forms of execution in Schedule 9 must be used in the execution of dispositions in the scheduled forms in the cases for which they are provided, or are capable of being applied or adapted, with such alterations and additions, if any, as the registrar may allow.

(4) A requirement in these rules to use a scheduled form is subject, where appropriate, to the provisions in these rules relating to the making of applications and issuing results of applications other than in paper form, during the currency of a notice given under Schedule 2.

Textual Amendments

F5 Word in rule 206(1) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 67 (with rule 5)

Adaptation of certain Schedule 1 forms to provide for direct debit E+W

F6 207.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Rule 207 revoked (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 68 (with rule 5)

[F7 Amendment of certain Schedule 1 forms to provide for explanatory information to be altered E+W

207A.— (1) In order to assist applicants in completing a form or in making an application in relation to a form, the registrar may remove, add to, or alter any explanatory information outside the panels of a Schedule 1 form.

(2) Any amendment under paragraph (1) must not alter the name and description of the form at the top of the first page or instructions as to what must be entered in the form.

(3) Where a form has been amended under paragraph (1) a person may use the form for the purposes of these rules as amended or as unamended.]

Textual Amendments

F7 Rule 207A inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 69 (with rule 5)

Welsh language forms E+W

208.—(1) Where the registrar, in exercise of his powers under section 100(4) of the Act, publishes an instrument as the Welsh language version of a scheduled form, the instrument shall be regarded as being in the scheduled form.

(2) In place of the form of execution provided by Schedule 9, an instrument referred to in paragraph (1) may be executed using a form of execution approved by the registrar as the Welsh language version of the Schedule 9 form.

(3) An instrument containing a statement approved by the registrar as the Welsh language version of a statement prescribed by these rules shall be regarded as containing the prescribed statement.

(4) An instrument containing a provision approved by the registrar as the Welsh language version of a provision prescribed by these rules shall be regarded as containing the prescribed provision.

Modifications etc. (not altering text)

C4 Rule 208 applied (with modifications) (27.9.2004) by THE COMMONHOLD (LAND REGISTRATION) RULES 2004 (S.I. 2004/1830), rules 1, 3(3)(d), Sch. 1

Use of non-prescribed forms E+W

209.—(1) This rule applies where—

(a) an application should be accompanied by a scheduled form and a person wishes to make an application relying instead upon an alternative document that is not the relevant scheduled form, and

(b) it is not possible for that person to obtain and lodge the relevant scheduled form (duly executed, if appropriate) at the land registry or it is only possible to do so at unreasonable expense.

(2) Such a person may make a request to the registrar, either before or at the time of making the application which should be accompanied by the relevant scheduled form, that he be permitted to rely upon the alternative document.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b) and include the original, or, if the request is made before the application, a copy, of the alternative document.

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by allowing the alternative document to be relied upon instead of the relevant scheduled form, he may permit such reliance.

(5) If the registrar allows the request it may be on condition that the person making the request provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar's powers under the Act.

Documents in a Schedule 1 form E+W

210.—(1) Subject to rule 211, any application or document in one of the Schedule 1 forms must—

(a) be printed on durable A4 size paper,

(b) [F8 subject to rule 215A(4) and (5),] be reproduced as set out in the Schedule as to its wording, layout, ruling, font and point size, and

(c) contain all the information required in an easily legible form.

(2) Where on a Schedule 1 form (other than Form DL) any panel is insufficient in size to contain the required insertions, and the method of production of the form does not allow the depth of the panel to be increased, the information to be inserted in the panel must be continued on a continuation sheet in Form CS.

(3) When completing a Schedule 1 form containing an additional provisions panel, any statement, certificate or application required or permitted by these rules to be included in the form for which the form does not otherwise provide and any additional provisions desired by the parties must be inserted in that panel or a continuation of it.

(4) Where the form consists of more than one sheet of paper, or refers to an attached plan or a continuation sheet, all the sheets and any plan must be securely fastened together.

Textual Amendments

F8 Words in rule 210(1)(b) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 70 (with rule 5)

Modifications etc. (not altering text)

C5 Rule 210 applied (with modifications) (27.9.2004) by The Commonhold (Land Registration) Rules 2004 (S.I. 2004/1830), rules 1, 3(3)(e), Sch. 1

Electronically produced forms E+W

211.  F9 ... Where the method of production of a Schedule 1 form permits—

(a) the depth of a panel may be increased or reduced to fit the material to be comprised in it, and a panel may be divided at a page break,

[F10 (b) the text outside the panels of a Schedule 1 form, other than—

(i) the name and description of the form at the top of the first page, and

(ii) any text after the final panel,

may be omitted,]

(c) inapplicable certificates and statements may be omitted,

(d) the plural may be used instead of the singular and the singular instead of the plural,

(e) panels which would contain only the panel number and the panel heading may be omitted, but such omission must not affect the numbering of subsequent panels,

(f) “X” boxes may be omitted where all inapplicable statements and certificates have been omitted,

(g) the sub-headings in an additional provisions panel may be added to, amended, repositioned or omitted,

(h) “Seller” may be substituted for “Transferor” and “Buyer” for “Transferee” in a transfer on sale,

(i) the vertical lines which define the left and right boundaries of the panel may be omitted.

Textual Amendments

F9 Word in rule 211 omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 71 (with rule 5)

F10 Rule 211(b) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 71 (with rule 5)

Modifications etc. (not altering text)

C6 Rule 211 applied (with modifications) (27.9.2004) by THE COMMONHOLD (LAND REGISTRATION) RULES 2004 (S.I. 2004/1830), rules 1, 3(3)(e), Sch. 1

Documents where no form is prescribed E+W

212.—(1) Documents for which no form is prescribed must be in such form as the registrar may direct or allow.

(2) A document prepared under this rule must not bear the number of a Schedule 1 form.

(3) A document affecting a registered title must refer to the title number.

Documents accompanying applications E+W

Identification of part of the registered title dealt with E+W

213.—(1) Subject to paragraphs (4) and (5) of this rule, a document lodged at the land registry dealing with part of the land in a registered title must have attached to it a plan identifying clearly the land dealt with.

(2) Where the document is a disposition, the disponor must sign the plan.

(3) Where the document is an application, the applicant must sign the plan.

(4) If the land dealt with is identified clearly on the title plan of the registered title, it may instead be described by reference to that title plan.

(5) Where a disposition complies with this rule, the application lodged in respect of it need not.

Lodging of copy instead of an original document E+W

214.—(1) Subject to paragraphs (2), (3) and (4), where a rule requires that an application be accompanied by an original document (for instance, a grant of representation) the applicant may, instead of lodging the original, lodge a certified or office copy of that document.

(2) This rule does not apply to—

(a) any document required to be lodged under Part 4,

(b) a scheduled form,

(c) a document that is a registrable disposition.

(3) This rule does not apply also where the registrar considers that the circumstances are such that the original of a document should be lodged and the applicant has possession, or the right to possession, of that original document.

(4) Where this rule permits a certified or office copy of a document to be lodged the registrar may permit an uncertified copy of the document to be lodged instead.

Modifications etc. (not altering text)

C7 Rule 214 excluded (27.9.2004) by THE COMMONHOLD (LAND REGISTRATION) RULES 2004 (S.I. 2004/1830), rules 1, 3(2)

Documents and other evidence in support of an application E+W

215.—(1) This rule applies where—

(a) the lodging of a document (not being a scheduled form) or other evidence in support of an application is required by these rules, and

(b) the document or other evidence is in the particular case unnecessary or the purpose of the lodging of the document or other evidence can be achieved by another document or other evidence.

(2) An applicant may request the registrar to be relieved of the requirement.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b).

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by relieving the applicant of the requirement, he may so relieve the applicant.

(5) If the registrar allows the request it may be on condition that the applicant provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar's powers under the Act.

[F11 Statements of truth E+W

215A.— (1) In these rules, a statement of truth means a statement which—

(a) is made by an individual in writing,

(b) contains a declaration of truth in the following form—

‘I believe that the facts and matters contained in this statement are true’, and

(c) is signed in accordance with paragraphs (2) to (6).

(2) Subject to paragraph (5), a statement of truth must be signed by the individual making the statement.

(3) The full name of the individual who signs a statement of truth must be printed clearly beneath his signature.

(4) Where a statement of truth is to be signed by an individual who is unable to read, it must—

(a) be signed in the presence of a conveyancer, and

(b) contain a certificate made and signed by that conveyancer in the following form—

‘I [name and address of conveyancer] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his] or [her] mark in my presence having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.

(5) Where a statement of truth is to be made by an individual who is unable to sign it, it must—

(a) state that individual’s full name,

(b) be signed by a conveyancer at the direction and on behalf of that individual, and

(c) contain a certificate made and signed by that conveyancer in the following form—

‘I [name and address of conveyancer] certify that [the person making this statement of truth has read it in my presence, approved its content as accurate and directed me to sign it on [his] or [her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who directed me to sign it on [his] or [her] behalf] having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.

(6) Where a statement of truth, or a certificate under paragraph (4) or (5), is signed by a conveyancer—

(a) the conveyancer must sign in their own name and not that of their firm or employer, and

(b) the conveyancer must state the capacity in which they sign and where appropriate the name of their firm or employer.]

Textual Amendments

F11 Rule 215A inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 72 (with rule 5)

Land Registry–when open to public E+W

Days on which the Land Registry is open to the public E+W

216.— [F12 (1) Subject to paragraph (2), the land registry shall be open to the public daily except on—

(a) Saturdays, Sundays, Christmas Day and Good Friday, or

(b) any other day—

(i) specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971,

(ii) appointed by the Lord Chancellor, or

(iii) certified as an interrupted day under paragraph (6).]

(2) If the registrar is satisfied that adequate arrangements have been made or will be in place for opening the land registry to the public on Saturdays, he may, in such manner as he considers appropriate, give notice to that effect.

(3) On and after the date specified in any notice given pursuant to paragraph (2), paragraph (1) shall have effect as though the word “Saturdays” had been omitted.

(4) The date referred to in paragraph (3) must be at least eight weeks after the date of the notice.

(5) On and after the date specified in any notice given pursuant to paragraph (2), the periods in column 3 in the table below are substituted for the periods in column 2 in that table in the rules to which they relate.

(1) Rule	(2) Prescribed period before any notice given under rule 216(2) takes effect	(3) Prescribed period after any notice given under rule 216(2) takes effect
16(1)	Twenty business days	twenty-four business days
31(2)	the twentieth business day	the twenty-fourth business day
53(1)	the fifteenth business day	the eighteenth business day
53(1)	the thirtieth business day	the thirty-sixth business day
53(3)	the thirtieth business day	the thirty-sixth business day
53(4)	the fifteenth business day	the eighteenth business day
54(9)	the fourth business day	the fourth business day
55(4)	fifteen business days	Eighteen business days
86(3)	the fifteenth business day	the eighteenth business day
86(3)	the thirtieth business day	the thirty-sixth business day
86(5)	the thirtieth business day	the thirty-sixth business day
86(6)	the fifteenth business day	the eighteenth business day
92(9)	the fifteenth business day	the eighteenth business day
119(3)	the twentieth business day	the twenty-fourth business day
189	the sixty-fifth business day	the seventy-eighth business day
197(2)	the fifteenth business day	the eighteenth business day
201(5)	the twentieth business day	the twenty-fourth business day
202(3)	the twentieth business day	the twenty-fourth business day
202(8)	the twentieth business day	the twenty-fourth business day
218	the fifteenth business day	the eighteenth business day

[F13 (6) The registrar may certify any day as an interrupted day if he is satisfied that on that day there is likely to be—

(a) a general delay in, or failure of, a communication service in England and Wales, or

(b) any other event or circumstance,

causing a substantial interruption in the normal operation of the land registry.

(7) The registrar must give notice of any certification under paragraph (6) in such manner as he considers appropriate.

(8) Any certification under paragraph (6) must take place before the start of the day being certified.

(9) In this rule, “communication service” means a service by which documents may be sent and delivered and includes a post service, a document exchange service and electronic communications.]

Textual Amendments

F12 Rule 216(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 73(a) (with rule 5)

F13 Rule 216(6)-(9) added (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 73(b) (with rule 5)

Interpretation E+W

General Interpretation E+W

217.—(1) In these rules—

“the Act” means the Land Registration Act 2002 M1 ,

“affecting franchise” means a franchise which relates to a defined area of land and is an adverse right affecting, or capable of affecting, the title to an estate or charge,

“business day” means a day when the land registry is open to the public under rule 216,

“caution plan” has the meaning given by rule 41(4),

“caution title number” has the meaning given by rule 41(1),

“certified copy” means a copy of a document which a conveyancer, or such other person as the registrar may permit, has certified on its face to be a true copy of the original and endorsed with his name and address, and the reference to a conveyancer includes where the document is one referred to in—

(a)

rule 168(2)(a) or 168(3), the bankrupt's trustee in bankruptcy or the official receiver,

(b)

rule 184(2), the company's administrator,

(c)

rule 184(5), the company's liquidator,

“charges register” is the register so named in rule 4 the contents of which are described in rule 9,

“charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993 M2 respectively,

[F14 “Companies Acts” means—

(a)

the Companies Act 2006 and any Act amending or replacing that Act,

(b)

the provisions of the Companies Act 1985, the Companies Consolidation (Consequential Provisions) Act 1985, Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 and the Companies (N.I.) Order 1986 that remain in force, and

(c)

any former enactment relating to companies,]

“control” in relation to a document of which a person has control means physical possession, or the right to possession, or right to take copies of the document,

[F15 “conveyancer” has the meaning given by rule 217A,]

“day list” has the same meaning given by rule 12,

[F16 "electronic legal charge" has the same meaning as in the Land Registration (Electronic Conveyancing) Rules 2008,]

“exempt charity” has the same meaning as in section 96 of the Charities Act 1993 and “non-exempt charity” means a charity which is not an exempt charity,

[F17 “home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996, or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983, or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967,]

“index map” has the meaning given by rule 10(1)(a),

“index of proprietors' names” has the meaning given by rule 11(1),

“index of relating franchises and manors” is the index described in rule 10(1)(b),

“individual caution register” is the register so named in rule 41(1) the arrangement of which is described in rule 41(2),

“individual register” is the register so named in rule 2 the contents and arrangement of which are described in rules 3 and 4,

“inheritance tax notice” means a notice in respect of an Inland Revenue charge arising under Part III of the Finance Act 1975 M3 or section 237 of the Inheritance Tax Act 1984 M4 ,

“matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967 M5 before 14 February 1983,

F18 ...

“official custodian” means the official custodian for charities,

“old tenancy” means a tenancy as defined in section 28 of the Landlord and Tenant (Covenants) Act 1995 M6 which is not a new tenancy as defined in section 1 of that Act,

“overseas company” means a company incorporated outside [F19 the United Kingdom],

“property register” is the register so named in rule 4 the contents of which are described in rules 5, 6 and 7,

“proprietorship register” is the register so named in rule 4 the contents of which are described in rule 8,

“registered title” means an individual register and any title plan referred to in that register,

“relating franchise” means a franchise which is not an affecting franchise,

“Schedule 1 form” means a form in Schedule 1,

“Schedule 3 form” means a form in Schedule 3,

“scheduled form” means a Schedule 1 form or a Schedule 3 form,

“section 33(5) order” means an order made under section 33(5) of the Family Law Act 1996,

[F20 “statement of truth” has the meaning given by rule 215A,]

“statutory declaration” includes affidavit,

“title number” has the meaning given by rule 4,

“title plan” has the meaning given by rule 5,

“trust corporation” has the same meaning as in the Settled Land Act 1925 M7 ,

“trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993,

“unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985 M8 applies,

[F21 “working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971 or appointed by the Lord Chancellor].

(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.

(3) A reference in these rules to Forms A to Y and [F22 Forms AA to [F23 PP]] (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.

Textual Amendments

F14 Words in rule 217(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(a) (with rule 5)

F15 Words in rule 217 substituted (1.10.2011) by The Land Registration (Amendment) Rules 2011 (S.I. 2011/1410), rules 1, 3; S.I. 2011/2196, art. 2(1)(c)

F16 Words in rule 217(1) inserted (4.8.2008) by The Land Registration (Electronic Conveyancing) Rules 2008 (S.I. 2008/1750), rule 1, Sch. 2 Pt. 1 para. 7

F17 Words in rule 217(1) inserted (5.12.2005) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(3), 16(a)

F18 Words in rule 217(1) deleted (5.12.2005) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(3), 16(b)

F19 Words in rule 217(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(c) (with rule 5)

F20 Words in rule 217(1) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(d) (with rule 5)

F21 Words in rule 217(1) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(e) (with rule 5)

F22 Words in rule 217(3) substituted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 9(2)

F23 Word in rule 217(3) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(f) (with rule 5)

Marginal Citations

M1 2002 c. 9.

M2 1993 c. 10.

M3 1975 c. 7.

M4 1984 c. 51.

M5 1967 c. 75.

M6 1995 c. 30.

M7 1925 c. 18.

M8 1985 c. 6.

[F24 Definition of “conveyancer” E+W

217A.— (1) Subject to paragraph (2), in these rules “conveyancer” means—

(a) an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,

(b) an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

(c) a person who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer.

(2) For the purposes of a certificate given by a conveyancer under rule 62(2), 63(2), 183(2)(a), or Form LL in Schedule 4, “conveyancer” means—

(a) an authorised person who is an individual and who is entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

(b) an individual who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer,

and in either case, the conveyancer must sign in their own name and not that of their firm or employer.

(3) For the purposes of this rule—

(a) “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,

(b) “licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,

(c) “manager” has the same meaning as in section 207 of the Legal Services Act 2007,

(d) “regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,

(e) “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,

(f) “relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.]

Textual Amendments

F24 Rule 217A inserted (1.10.2011) by The Land Registration (Amendment) Rules 2011 (S.I. 2011/1410), rules 1, 4; S.I. 2011/2196, art. 2(1)(c)