PART 8E+WRESTRICTIONS

Persons regarded as having a sufficient interest to apply for a restrictionE+W

93. The following persons are to be regarded as included in section 43(1)(c) of the Act—

(a)any person who has an interest in a registered estate held under a trust of land where a sole proprietor or a survivor of joint proprietors (unless a trust corporation) will not be able to give a valid receipt for capital money, and who is applying for a restriction in Form A to be entered in the register of that registered estate,

(b)any person who has a sufficient interest in preventing a contravention of section 6(6) or section 6(8) of the Trusts of Land and Appointment of Trustees Act 1996 M1 and who is applying for a restriction in order to prevent such a contravention,

(c)any person who has an interest in a registered estate held under a trust of land where the powers of the trustees are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996, and who is applying for a restriction in Form B to be entered in the register of that registered estate,

(d)any person who has an interest in the due administration of the estate of a deceased person, where—

(i)the personal representatives of the deceased hold a registered estate on a trust of land created by the deceased's will and the personal representatives' powers are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996, and

(ii)he is applying for a restriction in Form C to be entered in the register of that registered estate,

(e)the donee of a special power of appointment in relation to registered land affected by that power,

(f)the Charity Commissioners in relation to registered land held upon charitable trusts,

(g)the Church Commissioners, the Parsonages Board or the Diocesan Board of Finance if applying for a restriction [F1in Form D]—

(i)to give effect to any arrangement which is made under any enactment or Measure administered by or relating to the Church Commissioners, the Parsonages Board or the Diocesan Board of Finance, or

(ii)to protect any interest in registered land arising under any such arrangement or statute,

(h)any person with the benefit of a freezing order or an undertaking given in place of a freezing order, who is applying for a restriction in Form AA or BB,

(i)any person who has applied for a freezing order and who is applying for a restriction in Form CC or DD,

[F2(j)a trustee in bankruptcy in whom a beneficial interest in registered land held under a trust of land has vested, and who is applying for a restriction in Form J to be entered in the register of that land,]

(k)any person with the benefit of a charging order over a beneficial interest in registered land held under a trust of land who is applying for a restriction in Form K to be entered in the register of that land,

(l)a person who has obtained a restraint order under—

(i)paragraph 5(1) or 5(2) of Schedule 4 to the Terrorism Act 2000 M2, or

(ii)section 41 of the Proceeds of Crime Act 2002 M3,

and who is applying for a restriction in Form EE or FF,

(m)a person who has applied for a restraint order under the provisions referred to in paragraph (1) and who is applying for a restriction in Form GG or HH,

(n)a person who has obtained an acquisition order under section 28 of the Landlord and Tenant Act 1987 M4 and who is applying for a restriction in Form L or N,

(o)a person who has applied for an acquisition order under section 28 of the Landlord and Tenant Act 1987 and who is applying for a restriction in Form N,

(p)a person who has obtained a vesting order under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 M5 and who is applying for a restriction in Form L or N,

(q)a person who has applied for a vesting order under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 and who is applying for a restriction in Form N,

(r)the International Criminal Court where it applies for a restriction—

(i)in Form AA or BB to give effect to a freezing order under Schedule 6 to the International Criminal Court Act 2001 M6, or

(ii)in Form CC or DD to protect an application for such a freezing order,

(s)a receiver or a sequestrator appointed by order who applies for a restriction in Form L or N,

(t)a trustee under a deed of arrangement who applies for a restriction in Form L or N,

(u)a person who has obtained an interim receiving order under section 246 of the Proceeds of Crime Act 2002 and who is applying for a restriction in Form EE or FF, F3...

(v)a person who has applied for an interim receiving order under section 246 of the Proceeds of Crime Act 2002 and who is applying for a restriction in Form GG or HH, F4...

[F5(w)[F6the Lord Chancellor where the Lord Chancellor] has a statutory charge, created by section 16(6) of the Legal Aid Act 1988(1) or by section 10(7) of the Access to Justice Act 1999(2) [F7or by section 25(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], over a beneficial interest in registered land held under a trust of land and is applying for a restriction in Form JJ to be entered in the register of that land [F8, [F9and]]]

[F10(x)a local authority where it has a statutory charge created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983 [F11or, as the case may be, [F12section 71] of the Social Services and Well-being (Wales) Act 2014] on the beneficial interest of an equitable joint tenant in a registered estate and is applying for a restriction in Form MM to be entered in the register of that estate.]

[F13(y)a local authority where it has entered land, the title to which is registered, in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, and is applying for a restriction in form QQ to be entered in the register for that land, F14...

(z)a mortgagee under a mortgage falling within section 4(1)(g) of the Act who makes an application for first registration under rule 21, where the estate charged relates to land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and is applying for a restriction in Form QQ to be entered in the register of that estate [F15,]]

[F16(aa)a deputy appointed under section 16 of the Mental Capacity Act 2005 with general authority over the property and affairs of a registered proprietor, who is applying for a restriction in Form RR, and

(bb)a trustee of a registered estate or registered charge that requires the consent of the Court of Protection to any disposition, who is applying for a restriction in Form SS.]