Administration of Justice Act 1982

Section 67.

F1 SCHEDULE 5 E+W Land registration

Textual Amendments

F1 Sch. 5 repealed (prosp.) Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with savings in ss. 129, 134, Sch. 12 para. 1)

Modifications etc. (not altering text)

C1 The text of s. 3, 46(2), 55, 62, Sch. 3 Pt. II, Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

In the M1 Land Registration Act 1925—

(a)

the following paragraph shall be substituted for section 3(ii)—

“(ii) “the court” means the High Court or, where county courts have jurisdiction by virtue of rules made under section 138(1) of this Act, the county court;”;

(b)

[F2 the following section shall be substituted for section 112—

112 “ Inspection of register and other documents

(1) Subject—

(a) to section 112A below;

(b) to the provisions of this Act as to furnishing information to Government departments and local authorities; and

(c) to such exceptions as may be prescribed,

any person registered as proprietor of any land or charge, and any person authorised—

(i) by any such proprietor; or

(ii) by an order made under subsection (2) or (3) of this section; or

(iii) by general rule,

but no other person, shall have a right, on payment of a fee and in accordance with the presribed procedure, to inspect and make copies of the whole or any part of any register or document in the custody of the registrar relating to such land or charge.

(2) The High Court may by order authorise—

(a) the inspection of a register or document in the custody of the registrar and relating to land or a charge; and

(b) the making of copies of the whole or any part of any such register or document,

if—

(i) it appears to the court that the register or any such document may contain information which is relevant to proceedings pending in the court (including proceedings for the enforcement of a judgment or order of the High Court or any other court); or

(ii) it appears to the court, on an application made for that purpose, that such an order ought to be made for any other reason.

(3) A county court may by order authorise—

(a) the inspection of a register or document in the custody of the registrar and relating to land or a charge; and

(b) the making of copies of the whole or any part of any such register or document,

if it appears to the court that the register or any such document may contain information which is relevant to proceedings pending in the court (including proceedings for the enforcement of a judgment or order of the court or of any other court).”;]

(c)

the following section shall be substituted for section 138—

“138 Jurisdiction of High Court and county courts.

(1) Any jurisdiction conferred on the High Court by this Act or by the Land Registration and Land Charges Act 1971 may also be exercised, to such extent as may be prescribed, by county courts.

(2) Subject to the enactments relating to the Supreme Court of Judicature for the time being in force, all matters within the jurisdiction of the High Court under this Act or the said Act of 1971 shall be assigned to the Chancery Division of that court.

(3) Where the county court has jurisdiction under this Act or that Act it shall have all the powers of the High Court for the purposes of that jurisdiction.

(4) The Lord Chancellor may assign any duties of the High Court under this Act or that Act to any particular judge or judges of the High Court.”; and

(d)

in section 144(1) (which among other things provides for the inclusion in the Rule Committee of a judge of the Chancery Division chosen by the judges of that division) for the words “to be chosen by the judges of that division” there shall be substituted the words “ nominated by the Lord Chancellor ”.

Textual Amendments

F2 Sch. 5 para. (b) repealed (E.W.) by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 2, Sch.

Marginal Citations

M1 1925 c. 21.