2008 No. 1750
The Land Registration (Electronic Conveyancing) Rules 2008
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following rules in exercise of the powers conferred by sections 1(2), 25(1), 66(2), 67(3), 71, 73(4), 91(2), 91(3)(d), 92(2), 95(b), 126 and 128(1) of, and paragraph 5 of Schedule 5 and paragraphs 6(a), (b) and (c) and 8 of Schedule 10 to, the Land Registration Act 20021.
In accordance with section 1272 of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section.
Citation and commencement1
These rules may be cited as the Land Registration (Electronic Conveyancing) Rules 2008 and shall come into force on 4 August 2008.
Interpretation2
1
In these rules—
“Borrower” means the person who charges the registered estate,
“E-MD reference” means a reference supplied by the registrar to the Lender which enables all or part of the wording of an electronic legal charge to be generated automatically,
“electronic legal charge” means a charge within rule 3(1),
“land registry network” means a network provided under section 92(1) of the Act,
“Lender” means the person to whom the registered estate is charged, and
“the principal rules” means the Land Registration Rules 20033.
2
Expressions used in these rules have the meaning that they bear in the principal rules, unless the contrary intention appears.
3
In Schedule 2, a reference to a rule by number is a reference to the rule so numbered in the principal rules.
Electronic legal charges3
1
Subject to paragraphs (2) to (7), the grant of a legal charge of the whole of the registered estate in a single registered title is a disposition within section 91(2) of the Act.
2
Paragraph (1) does not apply to—
a
a disposition to which rule 38 of the principal rules applies,
b
the grant of a legal charge by a body corporate, whether the body corporate is the Borrower or a Joint Borrower, or
c
a charge which is authenticated by a person other than the Borrower.
3
Paragraph (1) only applies if at the time a person authenticates the charge as Borrower or Joint Borrower—
a
that person is entered in the register as proprietor or joint proprietor of the registered estate that is charged, or
b
there is entered in the day list notice of an application to register that person as proprietor or joint proprietor of the registered estate that is charged.
4
Paragraph (1) only applies if the Borrower authenticates the charge personally.
5
Paragraph (1) only applies if—
a
the charge is prepared using a procedure for doing so permitted by the land registry network, and
b
each electronic signature which the charge has, and the certification of each electronic signature, are in accordance with the provisions of a network access agreement.
6
A procedure within paragraph (5)(a) may, whether or not it is the only procedure within that sub-paragraph, require all or any of the provisions specified in Schedule 1 to be drafted automatically using an E-MD reference.
7
Schedule 1 (which makes provision about the contents of an electronic legal charge) has effect.
8
In this rule —
“Joint Borrower” means, where the Borrower comprises two or more persons, one of those persons, and
“joint proprietor” means, where the proprietor of a registered estate comprises two or more persons, one of those persons.
Registrar’s acknowledgement of time and date that an electronic legal charge took effect4
Following receipt of notification, in accordance with the provisions in the charge required by paragraph 1(b) and (c) of Schedule 1, that the charge is to take effect, the registrar must send to the person who notified the registrar an acknowledgement stating the time and date when the notification was received.
Amendments to the principal rules5
The principal rules are amended as set out in Part 1 of Schedule 2.
Disapplication of certain provisions in the principal rules6
Provisions in the principal rules are disapplied as set out in Part 2 of Schedule 2.
Signed by authority of the Lord Chancellor
SCHEDULE 1CONTENTS OF AN ELECTRONIC LEGAL CHARGE
1
To be within rule 3(1), a charge must contain the following—
a
the title number and description of the property that is charged,
b
a provision that the charge takes effect when the registrar receives notification, using a procedure for doing so permitted by the land registry network and in accordance with the provision in the charge required by sub-paragraph (c), that the charge is to take effect,
c
a provision that the Subscriber who prepared the charge under rule 3(5)(a) is the person who is to notify the registrar that the charge is to take effect,
d
the Borrower’s name,
e
the E-MD reference, if any, applicable to the charge,
f
the Lender’s name and intended address for service for entry in the register,
g
if the Lender is a company registered in any part of the United Kingdom under the Companies Acts or the Companies (Northern Ireland) Order 19864, the Lender’s registered number,
h
if the Lender is a limited liability partnership incorporated under the Limited Liability Partnerships Act 20005, the Lender’s registered number,
i
if the Lender is a corporation incorporated outside the United Kingdom, the territory in which the Lender is incorporated and the Lender’s registered number, if any, in England and Wales,
j
a statement to the effect that the Borrower (stating, if desired, whether with full or limited title guarantee) charges to the Lender the property referred to in sub-paragraph (a) by way of legal mortgage with payment of all money secured by the charge,
k
a statement, if such be the case, that the Lender is under an obligation to make further advances and applies for the obligation to be entered in the register, and
l
a statement, if such be the case, that the Borrower applies to enter a standard form of restriction in the proprietorship register of the registered estate that is charged and, if so, the wording of the standard form of restriction.
2
1
A charge within rule 3(1) may contain provisions additional to those in paragraph 1.
2
For the purposes of registration of an electronic legal charge, if there is a conflict between any such additional provision and a provision contained in the charge in accordance with paragraph 1 the latter provision shall prevail.
3
The registrar need make no entry in the register in respect of any matter contained in any such additional provisions.
3
In this Schedule—
“full network access agreement” has the same meaning as in the Land Registration (Network Access) Rules 20086, and
“Subscriber” means a person who has entered into a full network access agreement with the registrar.
SCHEDULE 2PROVISIONS AFFECTING THE PRINCIPAL RULES
PART 1AMENDMENTS TO THE PRINCIPAL RULES
Amendment of rule 121
In rule 12(4), after “include” insert “an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act, or”.
Amendment of rule 152
In rule 15(2)(a), for “a business” substitute “the”.
Amendment of rule 923
In rule 92(7)(b), after “CH1” insert “or in an electronic legal charge”.
Amendment of rule 1084
In rule 108(3), after “CH1,” insert “in an electronic legal charge”.
Amendment of rule 1335
In rule 133(2), omit the “and” at the end of sub-paragraph (e), and before the full stop at the end of paragraph (f) insert—
, and
g
any document relating to an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act
Amendment of rule 1356
In rule 135(2), omit the “and” at the end of sub-paragraph (e), and before the full stop at the end of paragraph (f) insert—
, and
g
any document relating to an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act
Amendment of rule 2177
In rule 217(1), after the definition of “day list”, insert ““electronic legal charge” has the same meaning as in the Land Registration (Electronic Conveyancing) Rules 2008,”.
PART 2DISAPPLICATION OF PROVISIONS IN THE PRINCIPAL RULES
Disapplication of Part 3 of the principal rules1
Part 3 of the principal rules (Applications: General Provisions) does not apply to applications for a network access agreement under paragraph 1(4) of Schedule 5 to the Act.
Disapplication of rule 572
Rule 57 does not apply to a person applying to register an electronic legal charge.
Disapplication of rule 81(1)(b)3
Rule 81(1)(b) does not apply to an application for an agreed notice in respect of an electronic legal charge stored by the registrar, provided that the applicant gives sufficient details of the charge to enable the registrar to identify it.
Disapplication of rule 2034
Rule 203 does not apply to an application made using the land registry network where the document delivered with the application is in electronic form but the registrar may retain the document and at any time thereafter delete it if satisfied that further retention is unnecessary.
(This note is not part of the Rules)