Infrastructure Act 2015

PART 4 E+W Transitional provision

Power for Parts 1 and 3 to be applied gradually to local authority areas E+W

40 (1) Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority if (and only if)— E+W

(a) the Chief Land Registrar gives notice in writing to the local authority that, on and after the date specified in the notice, those Parts will have effect in relation to that area, and

(b) before that date, the notice is publicised in such manner as the Chief Land Registrar thinks is likely to bring the arrangements under the Local Land Charges Act 1975 as amended by Part 1 of this Schedule to the attention of persons who are likely to want to apply to register local land charges in, or to search, the register of local land charges after that Part has effect in relation to that area.

(2) The Chief Land Registrar may withdraw a notice under sub-paragraph (1) (“the original notice”) by a notice in writing which—

(a) is given before the date specified in the original notice to the authorities to whom the original notice was given, and

(b) is publicised before that date in such manner as the Chief Land Registrar thinks is likely to bring the withdrawal to the attention of the persons to whom the original notice was publicised.

(3) If, in accordance with this paragraph, the Chief Land Registrar gives a notice under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect in relation to the area specified in the notice on and after the date specified in it.

(4) This paragraph does not prevent the making of rules under section 14 of the Local Land Charges Act 1975 as amended by Part 1 of this Schedule—

(a) in relation to the operation of that Act as amended by that Part, or

(b) in relation to the operation of any other statutory provision by virtue of which any matter is registrable in the local land charges register,

but such rules have effect in relation to the area of a local authority if (and only if) that Part has effect in relation to that area in accordance with this paragraph.

Commencement Information

I1 Sch. 5 para. 40 in force at 12.4.2015, see s. 57(5)(e)

Duty of local authorities to assist Chief Land Registrar E+W

41 E+W A local authority must provide the Chief Land Registrar with such information or other assistance as the Chief Land Registrar reasonably requires for the purposes of enabling Part 1 of this Schedule to have effect in relation to the area of that authority.

Commencement Information

I2 Sch. 5 para. 41 in force at 12.4.2015, see s. 57(5)(e)

Continuity of functions E+W

42 (1) This paragraph and paragraph 43 apply where Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority by virtue of paragraph 40. E+W

(2) Anything done or omitted to be done by or in relation to the local authority and in relation to the old register which is in force or effective immediately before the relevant date is to be treated as done or omitted to be done by or in relation to the Chief Land Registrar and in relation to the new register.

(3) There may be continued by or in relation to the Chief Land Registrar anything (including legal proceedings) that relates to the old register and is in the process of being done by or in relation to the local authority immediately before the relevant date.

Commencement Information

I3 Sch. 5 para. 42 in force at 12.4.2015, see s. 57(5)(e)

Compensation E+W

43 (1) The amendments in Part 1 of this Schedule to section 10(1) and (2) of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate) and to section 16(1) of that Act so far as it applies to that section do not have effect in relation to a search of the old register made before the relevant date. E+W

(2) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 in consequence of—

(a) the authority's failure before the relevant date to register, or register correctly, a local land charge in the old register,

(b) the authority's failure before the relevant date to satisfy an entitlement to search in the old register conferred by section 8 of that Act as mentioned in subsection (1A) of that section, or

(c) the omission of a local land charge from an official search certificate issued by the authority before the relevant date.

(3) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 where—

(a) an act or omission of the Chief Land Registrar gives rise to that liability, but

(b) that act or omission is in consequence of a failure by the authority to provide any information about a charge registered in the old register.

(4) Sub-paragraph (5) applies where—

(a) the Chief Land Registrar's liability arises as a result of the local authority's failure before the relevant date—

(i) to register, or register correctly, a local land charge in the old register, or

(ii) to provide any information about a local land charge registered in the old register to the Chief Land Registrar,

(b) the local authority is not the originating authority in relation to the charge, and

(c) the originating authority—

(i) did not apply for registration of the charge in time for it to be practicable for the local authority to register it before the relevant date, or

(ii) made an error in applying to register the charge, or in applying for the registration of the charge to be varied or cancelled.

(5) Where this sub-paragraph applies, the Chief Land Registrar may recover an amount equal to the compensation from the originating authority (and may not recover such an amount from the local authority).

(6) Sub-paragraph (7) applies where compensation for loss under section 10 of the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).

(7) No part of the amount paid, or of any corresponding amount paid to the Chief Land Registrar by the local authority or originating authority under any of those sub-paragraphs, is to be recovered by the Chief Land Registrar, the local authority or originating authority from any other person except as provided by any of sub-paragraphs (2) to (4) or under a policy of insurance or on grounds of fraud.

(8) Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do not apply where compensation for loss under that section is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).

Commencement Information

I4 Sch. 5 para. 43 in force at 12.4.2015, see s. 57(5)(e)

Interpretation E+W

44 (1) In this Part of this Schedule— E+W

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for an area for which there is no district council,

  (c)

  a county council in Wales,

  (d)

  a county borough council,

  (e)

  a London borough council,

  (f)

  the Common Council of the City of London, or

  (g)

  the Council of the Isles of Scilly;

• “the old register”, in relation to a local authority, means the local land charges register kept by the authority under the Local Land Charges Act 1975 before the relevant date;

• “the new register” means the local land charges register kept by the Chief Land Registrar under the Local Land Charges Act 1975;

• “the relevant date”, in relation to a local authority, means the date on which Parts 1 and 3 of this Schedule first had effect in relation to the authority's area.

(2) For the purposes of this Part of this Schedule the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple.

(3) Expressions used in this Part of this Schedule and in the Local Land Charges Act 1975 have the same meaning as in that Act.

Commencement Information

I5 Sch. 5 para. 44 in force at 12.4.2015, see s. 57(5)(e)