The Land Registration Rules 2003

General Interpretation E+W

217.—(1) In these rules—

“the Act” means the Land Registration Act 2002 M1 ,

“affecting franchise” means a franchise which relates to a defined area of land and is an adverse right affecting, or capable of affecting, the title to an estate or charge,

“business day” means a day when the land registry is open to the public under rule 216,

“caution plan” has the meaning given by rule 41(4),

“caution title number” has the meaning given by rule 41(1),

“certified copy” means a copy of a document which a conveyancer, or such other person as the registrar may permit, has certified on its face to be a true copy of the original and endorsed with his name and address, and the reference to a conveyancer includes where the document is one referred to in—

(a)

rule 168(2)(a) or 168(3), the bankrupt's trustee in bankruptcy or the official receiver,

(b)

rule 184(2), the company's administrator,

(c)

rule 184(5), the company's liquidator,

“charges register” is the register so named in rule 4 the contents of which are described in rule 9,

“charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993 M2 respectively,

“Companies Acts” means the Companies Act 1985 M3 , any Act amending or replacing that Act and any former enactment relating to companies,

“control” in relation to a document of which a person has control means physical possession, or the right to possession, or right to take copies of the document,

“conveyancer” means—

(a)

a solicitor, or

(b)

a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 M4 , or

(c)

a fellow of the Institute of Legal Executives, [F1 or

(d)

a duly certificated notary public,]

and a reference to a person's conveyancer is a reference to a solicitor, licensed conveyancer [F2 , fellow of the Institute of Legal Executives or duly certificated notary public] who is acting on that person's behalf,

“day list” has the same meaning given by rule 12,

“exempt charity” has the same meaning as in section 96 of the Charities Act 1993 and “non-exempt charity” means a charity which is not an exempt charity,

“index map” has the meaning given by rule 10(1)(a),

“index of proprietors' names” has the meaning given by rule 11(1),

“index of relating franchises and manors” is the index described in rule 10(1)(b),

“individual caution register” is the register so named in rule 41(1) the arrangement of which is described in rule 41(2),

“individual register” is the register so named in rule 2 the contents and arrangement of which are described in rules 3 and 4,

“inheritance tax notice” means a notice in respect of an Inland Revenue charge arising under Part III of the Finance Act 1975 M5 or section 237 of the Inheritance Tax Act 1984 M6 ,

“matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967 M7 before 14 February 1983,

“matrimonial home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996 M8 , or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983 M9 or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967,

“official custodian” means the official custodian for charities,

“old tenancy” means a tenancy as defined in section 28 of the Landlord and Tenant (Covenants) Act 1995 M10 which is not a new tenancy as defined in section 1 of that Act,

“overseas company” means a company incorporated outside Great Britain,

“property register” is the register so named in rule 4 the contents of which are described in rules 5, 6 and 7,

“proprietorship register” is the register so named in rule 4 the contents of which are described in rule 8,

“registered title” means an individual register and any title plan referred to in that register,

“relating franchise” means a franchise which is not an affecting franchise,

“Schedule 1 form” means a form in Schedule 1,

“Schedule 3 form” means a form in Schedule 3,

“scheduled form” means a Schedule 1 form or a Schedule 3 form,

“section 33(5) order” means an order made under section 33(5) of the Family Law Act 1996,

“statutory declaration” includes affidavit,

“title number” has the meaning given by rule 4,

“title plan” has the meaning given by rule 5,

“trust corporation” has the same meaning as in the Settled Land Act 1925 M11 ,

“trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993,

“unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985 M12 applies.

(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.

(3) A reference in these rules to Forms A to Y and [F3 Forms AA to LL] (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.

Textual Amendments

F1 Words in rule 217(1) inserted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 9(1)(a)

F2 Words in rule 217(1) substituted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 9(1)(b)

F3 Words in rule 217(3) substituted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 9(2)

Marginal Citations

M1 2002 c. 9.

M2 1993 c. 10.

M3 1985 c. 6.

M4 1985 c. 61.

M5 1975 c. 7.

M6 1984 c. 51.

M7 1967 c. 75.

M8 1996 c. 27.

M9 1983 c. 19.

M10 1995 c. 30.

M11 1925 c. 18.

M12 1985 c. 6.