The Land Registration Act 2002 (Transitional Provisions) Order 2003

Non-standard restrictions in approved instruments

18.—(1) This article applies where a person applies in an approved instrument to enter a restriction in the register and the registrar considers that there is a standard form of restriction which is to like or similar effect to the restriction applied for (or would be but for the fact that it does not purport to restrict the entry of a notice).

(2) Where this article applies—

(a) the registrar must enter in the register the standard form of restriction referred to in paragraph (1) instead of the restriction applied for,

(b) the application is to be treated as though it was an application for entry in the register of a standard form of restriction, and

(c) rule 92(1) of the 2003 rules does not apply to the application.

(3) In this article—

“approved instrument” means a charge, or transfer—

(a)

which contains the application for the restriction applied for (whether in the body of the instrument or, in the case of a charge, in an incorporated document within the meaning of rule 139 of the 1925 Rules),

(b)

the form of which (including the application for the restriction) has been approved by the registrar before commencement as capable of being accepted for registration, and

(c)

in relation to which the approval referred to in sub-paragraph (b) has not been withdrawn, and

“standard form of restriction” means one referred to in rule 91 of the 2003 Rules.