SCHEDULES

SCHEDULE 11Minor and consequential amendments

18Housing Act 1985 (c. 68)

1

The Housing Act 1985 is amended as follows.

2

In section 37(5), for the words from “and” to the end there is substituted—

5A

Where the Chief Land Registrar approves an application for registration of—

a

a disposition of registered land, or

b

the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains a covenant of the kind mentioned in subsection (1), he must enter in the register a restriction reflecting the limitation imposed by the covenant

3

In section 154(5), for “Land Registration Acts 1925 to 1971” there is substituted “ Land Registration Act 2002 ”.

4

In section 157(7), for the words from “the appropriate” to the end there is substituted “ a restriction in the register of title reflecting the limitation ”.

5

In section 165(6), for “section 83 of the Land Registration Act 1925” there is substituted “ Schedule 8 to the Land Registration Act 2002 ”.

6

In Schedule 9A, in paragraph 2(2), for the words from the beginning to “the disponor” there is substituted “ Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered, the disponor ”.

7

In that Schedule, for paragraph 4 there is substituted—

4

1

This paragraph applies where the Chief Land Registrar approves an application for registration of—

a

a disposition of registered land, or

b

the disponee’s title under a disposition of unregistered land,

and the instrument effecting the disposition contains the statement required by paragraph 1.

2

The Chief Land Registrar must enter in the register—

a

a notice in respect of the rights of qualifying persons under this Part in relation to dwelling-houses comprised in the disposal, and

b

a restriction reflecting the limitation under section 171D(2) on subsequent disposal.

8

In that Schedule, for paragraph 5(2) there is substituted—

2

If the landlord’s title is registered, the landlord shall apply for the entry in the register of—

a

a notice in respect of the rights of the qualifying person or persons under the provisions of this Part, and

b

a restriction reflecting the limitation under section 171D(2) on subsequent disposal.

9

In that Schedule, paragraph 5(3) ceases to have effect.

10

In that Schedule, in paragraph 6, for sub-paragraph (1) there is substituted—

1

The rights of a qualifying person under this Part in relation to the qualifying dwelling house shall not be regarded as falling within Schedule 3 to the Land Registration Act 2002 (and so are liable to be postponed under section 29 of that Act, unless protected by means of a notice in the register).

11

In that Schedule, in paragraph 9(2), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.

12

In Schedule 17, in paragraph 2(2), for “Land Registration Acts 1925 to 1971” there is substituted “ Land Registration Act 2002 ”.

13

In Schedule 20, in paragraph 17(2), for “Land Registration Acts 1925 to 1986” there is substituted “ Land Registration Act 2002 ”.