The Agricultural Credits Fees Order 1985

Statutory Instruments

1985 No. 372

AGRICULTURE

The Agricultural Credits Fees Order 1985

Made

27th February 1985

Coming into Operation

1st June 1985

The Lord Chancellor and the Treasury, in exercise of the powers conferred on them by section 9 of the Agricultural Credits Act 1928 and sections 2 and 3 of the Public Offices Fees Act 1879, hereby make and approve the following Order:—

1.—(1) This Order may be cited as the Agricultural Credits Fees Order 1985 and shall come into operation on 1st June 1985.

(2) In this Order, unless the context otherwise requires—

“the Act” means the Agricultural Credits Act 1928;

“credit account” means an account authorised by the Registrar for the purpose of providing credit facilities for the payment of fees;

“Schedule” means a schedule to this Order;

“fee” means a fee specified in Schedule 1.

2.  The fees specified in Schedule 1 shall be payable under the Act.

3.  Unless the Registrar otherwise directs, every fee which accompanies an application shall, except as mentioned in paragraph 5, be paid in cash or by means of a postal order crossed and made payable to H.M. Land Registry.

4.  Where the amount payable in respect of a fee is not immediately ascertainable, such deposit shall be made as the Registrar shall direct.

5.—(1) Any person or firm having a credit account may request the Registrar, on any application, to debit the requisite fee to that account;

(2) When a person or firm having a credit account makes a written application which is not accompanied by any fee and does not contain a request for the fee to be debited to that account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person's or that firm's account;

(3) If the Registrar debits a fee to a credit account, this shall be treated as due payment of that fee;

(4) Credit accounts shall be authorised and maintained in accordance with the provisions set out in Schedule 2.

6.  The Agricultural Credits Fees Order 1975 is hereby revoked.

Hailsham of St. Marylebone, C

Dated 1st February 1985

Tristan Garel-Jones

A. G. Hamilton

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 27th February 1985

SCHEDULE 1

Fee		Amount
1. Registration, cancellation or rectification of an entry	per name	£1
2. Certificate of cancellation of an entry	per name	£1
3. Personal search in the register of a memorandum filed thereunder (except where the inspection is made by or on behalf of a bank)	per name	£1
4. Official search of the register (including issue of certificate)	per name	50p
5. Certified copy of any memorandum filed under section 9(3) of the Act	per name	50p
6. Telephoning the result of an official search— such fee (additional to the fee of 50p per name searched) as the Registrar considers reasonable having regard to the cost of the telephone call, with a minimum of	£1

SCHEDULE 2 PROVISION OF CREDIT ACCOUNTS

1.  The Registrar may, as he thinks fit, authorised any person or firm to use a credit account for the purpose of the payment of fees but may withdraw or suspend any such authorisation at any time without giving any reason therefore.

2.  The Registrar may also at any time terminate or suspend all credit accounting facilities generally.

3.  A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or at such other period as the Registrar shall direct either in any particular case or generally.

4.  On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account promptly, and in any event within ten days of its receipt.

5.  Cheques shall be made payable to H.M. Land Registry and sent to the Accounts Section, Land Charges Department, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.

EXPLANATORY NOTE

This Order, which replaces the Agricultural Credits Fees Order 1975, prescribes new methods of payment of fees in connection with the registration of agricultural charges and amends the fees payable. Prepayment of fees by means of Land Registry adhesive stamps is replaced by payment in cash, by postal order or by authorised credit account.

With the exception of the fees for an official search of the register and for a certified copy of a memorandum filed under section 9(3) of the Agricultural Credits Act 1928, which remain at 50p, a standard fee of £1 is prescribed for all items.