The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003

Applications, actions by the adjudicator of his own motion, notification, representations and objections

51.—(1) This rule does not apply to Part 3 and rule 45.

(2) An application to the adjudicator must—

(a) be in writing;

(b) state the name of the person applying or on whose behalf the application is made;

(c) be addressed to the adjudicator;

(d) state the nature of the application;

(e) state the reason or reasons for the application; and

(f) if any of the parties or persons who would be affected by the application consent to it, either—

(i) be signed by all the parties or persons who consent or their duly authorised representatives; or

(ii) have attached to it a copy of their written consent.

(3) The adjudicator may dispense with any or all of the requirements under paragraph (2)—

(a) in relation to an application made to the adjudicator at a time when all persons who would be affected by the application are present before the adjudicator; or

(b) if the adjudicator otherwise considers it appropriate or practicable to do so.

(4) For the purposes of paragraph (2)(f), the written consent referred to in that paragraph may be in the form of a letter, fax or email.

(5) If an application is not consented to by all persons who will be affected by the application then, subject to paragraph (10), the adjudicator must serve written notice on persons who have not consented to the application but who would be affected by it.

(6) In the notice under paragraph (5) the adjudicator must state—

(a) that the application has been made;

(b) details of the application;

(c) that the person has a right to make written objections to or representations about the application; and

(d) the period within which such objections or representations must be lodged with the adjudicator.

(7) If the adjudicator intends to act of his own motion under these Rules then, subject to paragraph (10), he must serve written notice of his intention on all persons who will be affected by the action.

(8) In the notice under paragraph (7) the adjudicator must state—

(a) that the adjudicator intends to take action of his own motion;

(b) the action the adjudicator intends to take;

(c) that a person has a right to make written objections or representations to the action that the adjudicator intends to take; and

(d) the period within which such objections or representations must be lodged with the adjudicator.

(9) A person lodges an objection or representation if within the specified period he serves—

(a) on the adjudicator a written statement setting out the grounds for his objection or representation; and

(b) on all the other persons who will be affected by the action a copy of the written statement served on the adjudicator under sub-paragraph (a).

(10) The adjudicator shall not be required to serve notice under paragraphs (5) and (7) if, in the circumstances, he does not consider it appropriate or practicable to do so.

(11) Paragraph (10) does not apply to notices required to be served by rule 33.