The Land Registration Act 2002 (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Land Registration Act 2002 (c.9) (‘the Act’) by adding two new events to those that trigger compulsory first registration of title.

Article 2 provides that the requirement of registration in section 4 of the Act also applies on a transfer of a qualifying estate:

(a) giving effect to a partition of land subject to a trust of land, or

(b) on or in consequence of the appointment of a new trustee in the circumstances set out in that article.

Article 3 amends section 7 of Act by adding the sanction that will apply when a transfer of a qualifying estate of a kind described in new section 4(1)(aa) becomes void, because the duty to apply for registration in section 6 has not been complied with.

An Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Land Registry, 32 Lincoln’s Inn Fields, London WC2A 3PH.