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PART 15E+WGENERAL PROVISIONS

Documents accompanying applicationsE+W

Identification of part of the registered title dealt withE+W

213.—(1) Subject to paragraphs (4) and (5) of this rule, a document lodged at the land registry dealing with part of the land in a registered title must have attached to it a plan identifying clearly the land dealt with.

(2) Where the document is a disposition, the disponor must sign the plan.

(3) Where the document is an application, the applicant must sign the plan.

(4) If the land dealt with is identified clearly on the title plan of the registered title, it may instead be described by reference to that title plan.

(5) Where a disposition complies with this rule, the application lodged in respect of it need not.

Lodging of copy instead of an original documentE+W

214.—(1) Subject to paragraphs (2), (3) and (4), where a rule requires that an application be accompanied by an original document (for instance, a grant of representation) the applicant may, instead of lodging the original, lodge a certified or office copy of that document.

(2) This rule does not apply to—

(a)any document required to be lodged under Part 4,

(b)a scheduled form,

(c)a document that is a registrable disposition.

(3) This rule does not apply also where the registrar considers that the circumstances are such that the original of a document should be lodged and the applicant has possession, or the right to possession, of that original document.

(4) Where this rule permits a certified or office copy of a document to be lodged the registrar may permit an uncertified copy of the document to be lodged instead.

Modifications etc. (not altering text)

Documents and other evidence in support of an applicationE+W

215.—(1) This rule applies where—

(a)the lodging of a document (not being a scheduled form) or other evidence in support of an application is required by these rules, and

(b)the document or other evidence is in the particular case unnecessary or the purpose of the lodging of the document or other evidence can be achieved by another document or other evidence.

(2) An applicant may request the registrar to be relieved of the requirement.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b).

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by relieving the applicant of the requirement, he may so relieve the applicant.

(5) If the registrar allows the request it may be on condition that the applicant provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar's powers under the Act.

[F1Statements of truthE+W

215A.(1) In these rules, a statement of truth means a statement which—

(a)is made by an individual in writing,

(b)contains a declaration of truth in the following form—

‘I believe that the facts and matters contained in this statement are true’, and

(c)is signed in accordance with paragraphs (2) to (6).

(2) Subject to paragraph (5), a statement of truth must be signed by the individual making the statement.

(3) The full name of the individual who signs a statement of truth must be printed clearly beneath his signature.

(4) Where a statement of truth is to be signed by an individual who is unable to read, it must—

(a)be signed in the presence of a conveyancer, and

(b)contain a certificate made and signed by that conveyancer in the following form—

‘I [name and address of conveyancer] certify that I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who signed it or made [his] or [her] mark in my presence having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.

(5) Where a statement of truth is to be made by an individual who is unable to sign it, it must—

(a)state that individual’s full name,

(b)be signed by a conveyancer at the direction and on behalf of that individual, and

(c)contain a certificate made and signed by that conveyancer in the following form—

‘I [name and address of conveyancer] certify that [the person making this statement of truth has read it in my presence, approved its content as accurate and directed me to sign it on [his] or [her] behalf] or [I have read over the contents of this statement of truth and explained the nature and effect of any documents referred to in it and the consequences of making a false declaration to the person making this statement who directed me to sign it on [his] or [her] behalf] having first (a) appeared to me to understand the statement (b) approved its content as accurate and (c) appeared to me to understand the declaration of truth and the consequences of making a false declaration.’.

(6) Where a statement of truth, or a certificate under paragraph (4) or (5), is signed by a conveyancer—

(a)the conveyancer must sign in their own name and not that of their firm or employer, and

(b)the conveyancer must state the capacity in which they sign and where appropriate the name of their firm or employer.]

Textual Amendments