Finance Act 2003

79 Registration of land transactions etc U.K.

(1) A land transaction to which this section applies, or (as the case may be) a document effecting or evidencing a land transaction to which this section applies, shall not be registered, recorded or otherwise reflected in an entry made—

(a) in England and Wales, in the register of title maintained by the Chief Land Registrar,

(b) in Scotland, in any register maintained by the Keeper of the Registers of Scotland [F1 (other than the Register of Community Interests in Land)], or

(c) in Northern Ireland, in any register maintained by the Land Registry of Northern Ireland or in the Registry of Deeds for Northern Ireland,

unless there is produced, together with the relevant application, a certificate as to compliance with the requirements of this Part in relation to the transaction [F2 or such information about compliance as the Commissioners for Her Majesty's Revenue and Customs may specify in regulations.]

This does not apply where the entry is required to be made without any application or so far as the entry relates to an interest or right other than the chargeable interest acquired by the purchaser under the land transaction that gives rise to the application.

(2) This section applies to every land transaction [F3 other than a transaction treated as taking place—

(a) under subsection (4) of section 44 (contract and conveyance) or under that section as it applies [F4 by virtue of—

(i) section 45 (contract and conveyance: effect of transfer of rights), or

(ii) paragraph 12B of Schedule 17A (assignment of agreement for lease),]

(b) under subsection (3) of section 44A (contract providing for conveyance to third party) or under that section as it applies by virtue of section 45A (contract providing for conveyance to third party: effect of transfer of rights).]

[F5 (c) under paragraph 12A(2) or 19(3) of Schedule 17A (agreement for lease), or

(d) under paragraph 13 (increase of rent) or 15A (reduction of rent or term) of that Schedule.]

In this subsection “contract” includes any agreement and “conveyance” includes any instrument.

[F6 (2A) Subsection (1), so far as relating to the entry of a notice under section 34 of the Land Registration Act 2002 or section 38 of the Land Registration Act (Northern Ireland) 1970 (notice in respect of interest affecting registered land), does not apply where the land transaction in question is the variation of a lease.]

(3) The certificate [F7 referred to in subsection (1)] must be either—

(a) a certificate by the Inland Revenue (a “Revenue certificate”) that a land transaction return has been delivered in respect of the transaction, or

(b) a certificate by the purchaser (a “self-certificate”) that no land transaction return is required in respect of the transaction.

(4) The Inland Revenue may make provision by regulations about Revenue certificates. The regulations may, in particular—

(a) make provision as to the conditions to be met before a certificate is issued;

(b) prescribe the form and content of the certificate;

(c) make provision about the issue of duplicate certificates if the original is lost or destroyed;

(d) provide for the issue of multiple certificates where a return is made relating to more than one transaction.

(5) Schedule 11 makes further provision about self-certificates.

In that Schedule—

• Part 1 contains general provisions,

• Part 2 imposes a duty to keep and preserve records, and

• Part 3 makes provision for enquiries into self-certificates.

(6) The registrar (in Scotland, the Keeper of the Registers of Scotland)—

(a) shall allow the Inland Revenue to inspect any certificates or self-certificates produced to him under this section and in his possession, and

(b) may enter into arrangements for affording the Inland Revenue other information and facilities for verifying that the requirements of this Part have been complied with.

Textual Amendments

F1 Words in s. 79(1)(b) inserted (22.7.2004) by Finance Act 2004 (c. 12), s. 298(3)

F2 Words in s. 79(1) inserted (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), s. 47(2)

F3 Words in s. 79(2) substituted (with effect in accordance with Sch. 39 para. 13 of the amending Act) by Finance Act 2004 (c. 12), Sch. 39 para. 7

F4 Words in s. 79(2)(a) substituted (with effect in accordance with s. 297(10) of the amending Act) by Finance Act 2004 (c. 12), s. 297(5)(a)

F5 S. 79(2)(c)(d) inserted (with effect in accordance with s. 297(10) of the amending Act) by Finance Act 2004 (c. 12), s. 297(5)(b)

F6 S. 79(2A) inserted (with effect in accordance with s. 297(10) of the amending Act) by Finance Act 2004 (c. 12), s. 297(6)

F7 Words in s. 79(3) inserted (with effect in accordance with s. 297(10) of the amending Act) by Finance Act 2004 (c. 12), s. 297(7)

Commencement Information

I1 Pt. 4 wholly in force at Royal Assent subject to Sch. 19, see s. 124, Sch. 19 para. 1(1)