The Land Registration Rules 2003

Changes over time for: Section 217

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Status:

Point in time view as at 16/04/2020.

Changes to legislation:

The Land Registration Rules 2003, Section 217 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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General InterpretationE+W

217.—(1) In these rules—

“the Act” means the Land Registration Act 2002 M1,

[F1“adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 1986,]

“affecting franchise” means a franchise which relates to a defined area of land and is an adverse right affecting, or capable of affecting, the title to an estate or charge,

[F2“business day” means a day when the land registry is open for business under rule 216,]

“caution plan” has the meaning given by rule 41(4),

“caution title number” has the meaning given by rule 41(1),

“certified copy” means a copy of a document which a conveyancer, or such other person as the registrar may permit, has certified on its face to be a true copy of the original and endorsed with his name and address, and the reference to a conveyancer includes where the document is one referred to in—

(a)

rule 168(2)(a) or 168(3), the bankrupt's trustee in bankruptcy or the official receiver,

(b)

rule 184(2), the company's administrator,

(c)

rule 184(5), the company's liquidator,

“charges register” is the register so named in rule 4 the contents of which are described in rule 9,

“charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993 M2 respectively,

[F3“Companies Acts” means—

(a)

the Companies Act 2006 and any Act amending or replacing that Act,

(b)

the provisions of the Companies Act 1985, the Companies Consolidation (Consequential Provisions) Act 1985, Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 and the Companies (N.I.) Order 1986 that remain in force, and

(c)

any former enactment relating to companies,]

“control” in relation to a document of which a person has control means physical possession, or the right to possession, or right to take copies of the document,

[F4“conveyancer” has the meaning given by rule 217A,]

“day list” has the same meaning given by rule 12,

F5...

“exempt charity” has the same meaning as in section 96 of the Charities Act 1993 and “non-exempt charity” means a charity which is not an exempt charity,

[F6“home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996, or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983, or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967,]

“index map” has the meaning given by rule 10(1)(a),

“index of proprietors' names” has the meaning given by rule 11(1),

“index of relating franchises and manors” is the index described in rule 10(1)(b),

“individual caution register” is the register so named in rule 41(1) the arrangement of which is described in rule 41(2),

“individual register” is the register so named in rule 2 the contents and arrangement of which are described in rules 3 and 4,

“inheritance tax notice” means a notice in respect of an Inland Revenue charge arising under Part III of the Finance Act 1975 M3 or section 237 of the Inheritance Tax Act 1984 M4,

“matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967 M5 before 14 February 1983,

F7...

“official custodian” means the official custodian for charities,

“old tenancy” means a tenancy as defined in section 28 of the Landlord and Tenant (Covenants) Act 1995 M6 which is not a new tenancy as defined in section 1 of that Act,

“overseas company” means a company incorporated outside [F8the United Kingdom],

“property register” is the register so named in rule 4 the contents of which are described in rules 5, 6 and 7,

“proprietorship register” is the register so named in rule 4 the contents of which are described in rule 8,

“registered title” means an individual register and any title plan referred to in that register,

“relating franchise” means a franchise which is not an affecting franchise,

“Schedule 1 form” means a form in Schedule 1,

“Schedule 3 form” means a form in Schedule 3,

“scheduled form” means a Schedule 1 form or a Schedule 3 form,

“section 33(5) order” means an order made under section 33(5) of the Family Law Act 1996,

[F9“statement of truth” has the meaning given by rule 215A,]

“statutory declaration” includes affidavit,

“title number” has the meaning given by rule 4,

“title plan” has the meaning given by rule 5,

“trust corporation” has the same meaning as in the Settled Land Act 1925 M7,

“trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993,

“unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985 M8 applies,

[F10“working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971 or appointed by the [F11Secretary of State] [F12or, subject to rule 216A(5), certified as an interrupted working day under rule 216A(1).]]

(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.

(3) A reference in these rules to Forms A to Y and [F13Forms AA to [F14SS]] (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.

Textual Amendments

F1Words in rule 217(1) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 8(5)

F2Words in rule 217(1) substituted (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 36(1)(a)

F3Words in rule 217(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(a) (with rule 5)

F4Words in rule 217 substituted (1.10.2011) by The Land Registration (Amendment) Rules 2011 (S.I. 2011/1410), rules 1, 3; S.I. 2011/2196, art. 2(1)(c)

F5Words in rule 217(1) omitted (6.4.2018) by virtue of The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 36(1)(b)

F6Words in rule 217(1) inserted (5.12.2005) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(3), 16(a)

F7Words in rule 217(1) deleted (5.12.2005) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(3), 16(b)

F8Words in rule 217(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(c) (with rule 5)

F9Words in rule 217(1) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(d) (with rule 5)

F10Words in rule 217(1) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 74(e) (with rule 5)

F11Words in rule 217(1) substituted (9.11.2011) by The Transfer of Functions (Her Majesty's Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 (S.I. 2011/2436), art. 1(2), Sch. 2 para. 8(3)