The Public Trustee (Fees) (Amendment) Order 1995

Statutory Instruments

1995 No. 1425

TRUSTEES

The Public Trustee (Fees) (Amendment) Order 1995

Made

5th June 1995

Coming into force

1st July 1995

The Treasury, in exercise of the powers conferred on them by section 9 of the Public Trustee Act 1906(1), with the sanction of the Lord Chancellor, hereby make the following Order—

1.  This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1995 and shall come into force on 1st July 1995.

2.  After article 29 of the Public Trustee (Fees) Order 1985(2) there shall be inserted—

“Fees for registration of documents in respect of deceased persons and searches of the register

29A.   The following fees shall be payable in respect of the functions of the Public Trustee under section 18 of the Law of Property (Miscellaneous Provisions) Act 1994(3) (Functions of Public Trustee in relation to notices etc.)—

(a) for entering details of documents on the register—£20 for each deceased person against whose name the details are registered, payable in relation to each property in respect of which registration is made;

(b) for causing a search of the register to be made—£10 for each name or variation of a name against which the search is made.”.

Timothy Wood

Andrew Mackay

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 31st May 1995

I hereby signify my sanction

Mackay of Clashfern, C.

Dated 5th June 1995

Explanatory Note

(This note is not part of the Rules)

This Order amends the Public Trustee (Fees) Order 1985. Section 18 of the Law of Property (Miscellaneous Provisions) Act 1994 provides that in certain circumstances notices affecting land that would have been served on a person but for his death shall be served on the Public Trustee. This Order provides that the Public Trustee may make a charge for entering details of such documents on a register and for causing searches of that register to be made.

(1)

1906 c. 55; by virtue of the Public Trustee (Fees) Act 1957 (c. 12) section 1, these powers are exercisable by order made by statutory instrument.

(2)

S.I. 1985/373, to which there are amendments not relevant to this Order.

(3)

1994 c. 36.