- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5. For rule 83 substitute—
83. Every application (except outline applications defined in rule 83A) shall be delivered at the proper office and, when so delivered, shall be allocated an official reference number and the day list shall be marked with the date and time at which the application is deemed by rule 85 to have been delivered.
83A.—(1) An outline application is an application delivered in accordance with this rule.
(2) Subject to paragraphs (9)–(13) of this rule, any application may be delivered by outline application if it satisfies the following conditions:
(a)the application must not be:
(i)an application which can be protected by an official search with priority within the meaning of the Land Registration (Official Searches) Rules 1993;
(ii)an application for first registration of land; or
(iii)an application dealing with part only of land in a title whether or not also involving other registered land; and
(b)the right interest or matter the subject of the application must exist at the time of delivery of the application.
(3) During the currency of any notice given pursuant to paragraph (9) of this rule, and subject to and in accordance with the limitations contained in that notice, an outline application may be delivered by:
(a)an oral application at any district land registry;
(b)telephone; or
(c)electronic means.
(4) An outline application must contain the following particulars at the time of delivery:
(i)the title number(s) affected;
(ii)either the surname (if an individual) or, in any other case, the full name of one of the proprietors of the land or applicants for first registration (as the case may be);
(iii)the nature of the proposed application;
(iv)the name of the person or persons on whose behalf the application is being made;
(v)the name and address of the person or firm lodging the application;
(vi)any other particulars specified in any notice made under paragraph (9) of this rule.
(5) Every outline application shall be allocated an official reference number and shall be identified on the day list as such and shall be marked with the date and time at which the application is deemed by rule 85 to have been delivered and the registrar shall acknowledge receipt of any outline application by notifying the applicant, as soon as practicable, of the official reference number allocated to it.
(6) Without prejudice to the power of the registrar to cancel an application under rule 317, the outline application shall be cancelled by the registrar unless there is lodged at the proper office before the expiry of the reserved period Form CN1, CT2, DS2, MH1, MH2 or WCT where appropriate, and in every other case Form AP1 duly completed in respect of the outline application quoting the official reference number of the outline application and accompanied by the appropriate documentation and the prescribed fee.
(7) If the outline application has been cancelled before the form required by paragraph (6) of this rule is delivered to the proper office, the registrar shall accept the form as an application in its own right.
(8) For the purpose of this rule, “reserved period” means the period expiring at 12 noon on the third day following the day that notice of an outline application was deemed by rule 85 to have been delivered.
(9) If the registrar is satisfied that adequate arrangements have been or will be in place for dealing with applications specified in paragraph (1) he may, in such manner as he considers appropriate for informing persons who may wish to make applications under this rule, give notice to that effect specifying the class or classes of case covered by those arrangements.
(10) A notice given under paragraph (9) may in particular be limited in its operation to:
(i)applications delivered by a particular person specified by name or category;
(ii)particular types or classes of application;
(iii)applications received between specified times and on specified days (which need not be those between or on which the Registry is open to the public);
(iv)applications affecting the whole of the land in a title or titles;
(v)applications delivered by a particular means.
(11) Subject to paragraphs (12) and (13), a notice given pursuant to paragraph (9) shall be current from the time specified in the notice until the time, if any, specified in the notice, or if no expiry date is specified in the notice, indefinitely.
(12) A notice given pursuant to paragraph (9) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
(13) If and so long as, owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications covered by a notice given pursuant to paragraph (9) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (12).”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: