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2.—(1) Subject to paragraph (5), and to article 6 (large scale applications, etc.), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
(2) Subject to paragraphs (3) to (5), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
where
A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
(3) Where, in an application to which paragraph (2) applies, no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
(a)no annual rent is reserved; or
(b)the annual rent reserved cannot be ascertained at the time the application is made,
a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
(4) Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
(5) In the case of an application for first registration which is not made in pursuance of section 123A(2) of the Act(1) (compulsory registration: requirement to register) in relation to any of the land comprised in the application the fee otherwise payable in accordance with this article or article 6(2) (fees for large scale applications) shall be reduced by 25 per cent, provided that where the fee so reduced would be a figure which includes pence, the fee may be rounded down to the nearest £1.
Section 123A was inserted by section 1 of the Land Registration Act 1997 (c. 2).
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