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The Land Registration Act 2002 (Transitional Provisions) Order 2003

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Legal Proceedings

9.—(1) This article applies to any proceedings which were instituted before commencement but which have not been concluded immediately before commencement.

(2) Any proceedings to which paragraph (1) applies may be continued until concluded, whether by final determination by the court or otherwise, as if the 2002 Act had not been passed.

(3) Where in any proceedings the court gives judgment or makes an order, or has already done so before commencement, and the effect of the judgment or order is to require an entry or cancellation to be made in the register or the register to be rectified or altered, then the proceedings shall not be treated as concluded for the purpose of paragraphs (1) and (2) until the entry or cancellation has been made, or the register rectified or altered, as required by the court.

(4) Paragraphs (2) and (3) have effect without prejudice to the need for any order of the court or alteration of the register made after commencement to comply with rule 127 of the 2003 Rules.

(5) In this article—

“court” has the same meaning as in the 1925 Act, and

“proceedings” means any proceedings within the jurisdiction of the court by virtue of a provision of the 1925 Act.

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