The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016

Land Registration Rules 2003

8.—(1) The Land Registration Rules 2003(1) are amended as follows.

(2) In rule 165 (bankruptcy notice)—

(a) in paragraph (1) omit “in the following form—” and insert—

“.

(1A) The bankruptcy notice on registration of a petition in bankruptcy must be in the following form—”;

(b) before paragraph (2) insert—

“(1B) The bankruptcy notice on registration of a bankruptcy application must be in the following form—

“BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy application made by [name of debtor] (reference…..) (Land Charges Reference Number PA…..).”.”.

(3) In rule 166 (bankruptcy restriction)—

(a) In paragraph (1) omit “in the following form—” and insert—

“.

(1A) The bankruptcy restriction on registration of a bankruptcy order made by the court must be in the following form—”;

(b) before paragraph (2) insert—

“(1B) The bankruptcy restriction on registration of a bankruptcy order made by the adjudicator must be in the following form—

“BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002 as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy order made by the adjudicator (reference…..) against [name of debtor] (Land Charges Reference Number WO…..).

[No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].””.

(4) In rule 167(1) (action of the registrar in relation to bankruptcy entries)—

(a) after sub-paragraph (a) insert—

“(ab) the adjudicator has refused to make a bankruptcy order, or”;

(b) before “to that bankruptcy petition” insert “to that bankruptcy application,”.

(5) In rule 217(1)(2) (general interpretation) before “affecting franchise” insert—

““adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 1986(3),”.

(1)

S.I. 2003/1417.

(2)

Rule 217 was amended by S.I. 2005/1766, 2005/1982, 2008/1750, 2008/1919, 2011/1410 and 2011/2436.

(3)

1986 c.45; section 398A was inserted by the Enterprise and Regulatory Reform Act 2013 (c.24) section 71(1).