The Land Registration Act 2002 (Transitional Provisions) Order 2003

Disputes, objections, appeals and proceedings

Hearing of existing disputes

6.—(1) This article applies to any pending application in relation to which there is, immediately before commencement, a dispute to which rule 299(1) of the 1925 Rules applies that has not been finally disposed of.

(2) For the purposes of paragraph (1) there is a dispute to which rule 299(1) of the 1925 Rules applies where—

(a) in relation to a caution lodged under section 54 of the 1925 Act or rule 215(2) of the 1925 Rules, an application has been lodged that has resulted in the notice referred to in rule 218 of the 1925 Rules being issued before commencement, provided that (whether before or after commencement) the registrar is satisfied that cause has been shown under rule 219(3) of the 1925 Rules, and

(b) in the case of any other pending application, a person has, before commencement, objected to the application under rule 298(1) of the 1925 Rules, provided that the registrar is satisfied subsequently that the objection cannot be treated as groundless under rule 298(4) of the 1925 Rules.

(3) Neither the objection that has led to the dispute, nor any subsequent objection to the same application, shall constitute an objection for the purpose of section 73 of the Act.

(4) The registrar must deal with or continue to deal with the existing dispute and any dispute resulting from any subsequent objection to the same application, in accordance with rule 299 of the 1925 Rules and, where appropriate, the Land Registration (Hearings Procedure) Rules 2000(1) until the dispute has been finally disposed of.

(5) Subject to the modifications referred to in paragraph (6), the Regulations shall continue to apply in relation to any dispute referred to in paragraph (1) to enable relevant acts of the registrar to which those regulations relate to be done or continue to be done by a person nominated by the registrar under the Regulations.

(6) The modifications referred to in paragraph (5) are—

(a) substitution of the following sub-paragraph for regulation 2(d) of the Regulations—

“(d) “qualified officer” means a member of staff of the land registry who holds a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; and”,

(b) substitution of the words “qualified officer” for the words “qualified registrar” where they occur in regulations 3(1), 5(1) and 6(1) of the Regulations,

(c) substitution of the word “person” for the word “registrar” where it occurs in regulations 3(2), 5(2) and 6(2) of the Regulations, and

(d) substitution of the words “qualified officer” for the word “registrar ” where it occurs in regulations 5(3) and 6(3) of the Regulations.

Objection after commencement

7.—(1) This article applies to any application that is pending immediately before commencement in relation to which an objection is made after commencement that is not an objection to which article 6(3) applies.

(2) Notwithstanding paragraph 5 of Schedule 12 to the Act, the objection shall constitute an objection to which section 73 of the Act applies.

Appeals

8.  Rule 300 of the 1925 Rules (Appeal to the court) shall continue to have effect in relation to—

(a) any decision by the registrar under rule 298(4) of the 1925 Rules that an objection is groundless (whether the decision is made before commencement, or after commencement in relation to an application that is pending immediately before commencement), and

(b) any decision or order by the registrar under rule 299 of the 1925 Rules (whether made before commencement, or after commencement in relation to a dispute to which article 6 applies).

Legal Proceedings

9.—(1) This article applies to any proceedings which were instituted before commencement but which have not been concluded immediately before commencement.

(2) Any proceedings to which paragraph (1) applies may be continued until concluded, whether by final determination by the court or otherwise, as if the 2002 Act had not been passed.

(3) Where in any proceedings the court gives judgment or makes an order, or has already done so before commencement, and the effect of the judgment or order is to require an entry or cancellation to be made in the register or the register to be rectified or altered, then the proceedings shall not be treated as concluded for the purpose of paragraphs (1) and (2) until the entry or cancellation has been made, or the register rectified or altered, as required by the court.

(4) Paragraphs (2) and (3) have effect without prejudice to the need for any order of the court or alteration of the register made after commencement to comply with rule 127 of the 2003 Rules.

(5) In this article—

“court” has the same meaning as in the 1925 Act, and

“proceedings” means any proceedings within the jurisdiction of the court by virtue of a provision of the 1925 Act.

(1)

S.I. 2000/2213.