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The Land Registration Rules 2003, Cross Heading: Proceedings before the registrar is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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201.—(1) The registrar may only exercise the power conferred on him by section 75(1) of the Act if he receives from a person who is a party to proceedings before him a request that he should require a document holder to produce a document for the purpose of those proceedings.
(2) The request must be made—
(a)in paper form in Form PRD1 delivered to such office of the land registry as the registrar may direct, or
(b)during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, by delivering the request to the registrar, by any means of communication, other than as mentioned in sub-paragraph (a).
(3) The registrar must give notice of the request to the document holder.
(4) The address for the document holder provided in Form PRD1 is to be regarded for the purpose of rule 199 as an address for service given under rule 198(2)(h).
(5) The notice must give the document holder a period ending at 12 noon on the twentieth [F1working] day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.
(6) The response must—
(a)state whether or not the document holder opposes the request,
(b)if he does, state in full the grounds for that opposition,
(c)give an address to which communications may be sent, and
(d)be signed by the document holder or his conveyancer.
(7) The registrar must determine the matter on the basis of the request and any response submitted to him and, subject to paragraph (8), he may make the requirement by sending a notice in Form PRD2 to the document holder if he is satisfied that—
(a)the document is in the control of the document holder, and
(b)the document may be relevant to the proceedings, and
(c)disclosure of the document is necessary in order to dispose fairly of the proceedings or to save costs,
and he is not aware of any valid ground entitling the document holder to withhold the document.
(8) The registrar may, as a condition of making the requirement, provide that the person who has made the request should pay the reasonable costs incurred in complying with the requirement by the document holder.
(9) In this rule, “document holder” means the person who is alleged to have control of a document which is the subject of a request under paragraph (1).
Textual Amendments
F1Word in rule 201(5) substituted (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 6
202.—(1) A person who has incurred costs in relation to proceedings before the registrar may request the registrar to make an order requiring a party to those proceedings to pay the whole or part of those costs.
(2) The registrar may only order a party to proceedings before him to pay costs where those costs have been occasioned by the unreasonable conduct of that party in relation to the proceedings.
(3) Subject to paragraph (5), a request for the payment of costs must be made by delivering to the registrar a written statement in paper form by 12 noon on the twentieth [F2working] day after the completion of the proceedings to which the request relates.
(4) The statement must—
(a)identify the party against whom the order is sought and include an address where notice may be served on that party,
(b)state in full the grounds for the request,
(c)give an address to which communications may be sent, and
(d)be signed by the person making the request or his conveyancer.
(5) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, a request under this rule may also be made by delivering the written statement to the registrar, by any means of communication, other than as mentioned in paragraph (3).
(6) The registrar must give notice of the request to the party against whom the order is sought at the address provided under paragraph (4)(a) and if that party has an address for service in an individual register that relates to the proceedings, at that address.
(7) An address for a party provided under paragraph (4)(a) is to be regarded for the purpose of rule 199 as if it was an address for service given under rule 198(2)(h).
(8) The notice must give the recipient a period ending at 12 noon on the twentieth [F3working] day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.
(9) The response must—
(a)state whether or not the recipient opposes the request,
(b)if he does, state in full the grounds for that opposition,
(c)give an address to which communications may be sent, and
(d)be signed by the recipient or his conveyancer.
(10) The registrar must determine the matter on the basis of: the written request and any response submitted to him, all the circumstances including the conduct of the parties, and the result of any enquiries he considers it necessary to make.
(11) The registrar must send to all parties his written reasons for any order he makes under paragraph (1).
(12) An order under paragraph (1) may—
(a)require a party against whom it is made to pay to the requesting party the whole or such part as the registrar thinks fit of the costs incurred in the proceedings by the requesting party,
(b)specify the sum to be paid or require the costs to be assessed by the court (if not otherwise agreed), and specify the basis of the assessment to be used by the court.
Textual Amendments
F2Word in rule 202(3) substituted (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 6
F3Word in rule 202(8) substituted (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 6
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