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PART 3E+WAPPLICATIONS: GENERAL PROVISIONS

Modifications etc. (not altering text)

[F1Application for a network access agreementE+W

A13.  This Part does not apply to applications for a network access agreement under paragraph 1(4) of Schedule 5 to the Act.]

Textual Amendments

Form AP1E+W

13.—(1) Any application made under the Act or these rules for which no other application form is prescribed must be made in Form AP1.

(2) Paragraph (1) does not apply to—

(a)an application to remove from the register the name of a deceased joint registered proprietor,

(b)applications made under rule 14, or

[F2(c)an application to register an electronic disposition of a kind for which a registrar’s notice has been given under rule 54C.]

Textual Amendments

Electronic delivery of applicationsE+W

14.  Any application to which rule 15 applies F3... may during the currency of any notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, be delivered by electronic means and the applicant shall provide, in such order as may be required by that notice, such of the particulars required for an application of that type as are appropriate in the circumstances and as are required by the notice.

Textual Amendments

Time at which applications are taken to be madeE+W

15.—(1) An application received on a business day is to be taken as made at the earlier of—

(a)the time of the day that notice of it is entered in the day list, or

(b)(i)midnight marking the end of the day it was received if the application was received before 12 noon, or

(ii)midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

(2) An application received on a day which is not a business day is to be taken as made at the earlier of—

(a)the time of [F4the] day that notice of it is entered in the day list, or

(b)midnight marking the end of the next business day after the day it was received.

(3) In this rule an application is received when it is delivered—

(a)to the designated proper office in accordance with an order under section 100(3) of the Act, or [F5, if no such order subsists, to the registrar under the provisions of any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of applications, or]

(b)to the registrar in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant's conveyancer, or

(c)to the registrar under the provisions of any relevant notice given under Schedule 2.

(4) This rule does not apply to applications under Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.

Textual Amendments

Applications not in orderE+W

16.—(1) If an application is not in order the registrar may raise such requisitions as he considers necessary, specifying a period (being not less than twenty [F6working] days) within which the applicant must comply with the requisitions.

(2) If the applicant fails to comply with the requisitions within that period, the registrar may cancel the application or may extend the period when this appears to him to be reasonable in the circumstances.

(3) If an application appears to the registrar to be substantially defective, he may reject it on delivery or he may cancel it at any time thereafter.

(4) Where a fee for an application is paid by means of a cheque and the registrar becomes aware, before that application has been completed, that the cheque has not been honoured, the application may be cancelled.

Textual Amendments

Additional evidence and enquiriesE+W

17.  If the registrar at any time considers that the production of any further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to complete or proceed with an application, or to do any act or make any entry, until such documents, evidence or notices have been supplied or given.

Continuation of application on a transfer by operation of lawE+W

18.  If, before an application has been completed, the whole of the applicant's interest is transferred by operation of law, the application may be continued by the person entitled to that interest in consequence of that transfer.

ObjectionsE+W

19.—(1) Subject to paragraph (5), an objection under section 73 of the Act to an application must be made by delivering to the registrar at the appropriate office a written statement signed by the objector or his conveyancer.

(2) The statement must—

(a)state that the objector objects to the application,

(b)state the grounds for the objection, and

(c)give the full name of the objector and an address [F7for service in accordance with rule 198].

(3) Subject to paragraph (5), the written statement referred to in paragraph (1) must be delivered—

(a)in paper form, or

(b)to the electronic address [F8.]

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph (3) the reference to the electronic address F10... is to the electronic address F10... for the appropriate office specified in a direction by the registrar under section 100(4) of the Act as that to be used for delivery of objections.

(5) Where a person is objecting to an application in response to a notice given by the registrar, he may alternatively do so in the manner and to the address stated in the notice as provided by rule 197(1)(c).

(6) In this rule the appropriate office is the same office as the proper office, designated under an order under section 100(3) of the Act, for the receipt of an application relating to the land in respect of which the objection is made, but on the assumption that if the order contains exceptions none of the exceptions apply to that application [F11, or, if no such order subsists, the address stated in any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of objections.]

Textual Amendments

F7Words in rule 19(2)(c) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 7 (with rule 5)

F8Full stop in rule 19(3)(b) substituted for word (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 7(1)

Completion of applicationsE+W

20.—(1) Any entry in, removal of an entry from or alteration of the register pursuant to an application under the Act or these rules has effect from the time of the making of the application.

(2) — This rule does not apply to the applications mentioned in section 74 of the Act.