http://www.legislation.gov.uk/id/uksi/2008/1919/schedule/1

http://www.legislation.gov.uk/uksi/2008/1919/schedule/1/paragraph/41/made

The Land Registration (Amendment) Rules 2008

Land registration

King's Printer of Acts of Parliament

2016-10-18

LAND REGISTRATION, ENGLAND AND WALES

These Rules further amend the Land Registration Rules 2003 (S.I. 2003/1417) (the principal rules), which make detailed provision for land registration in England and Wales under powers contained in the Land Registration Act 2002 (c.9) (the Act). They amend the principal rules as set out in rule 4 and Schedules 1 to 6. In particular, they—substitute a new Schedule 1 (prescribed forms) – rule 5 contains transitional provisions as to the use of the superseded forms,make amendments to certain rules consequential upon the new Schedule 1,make provision for evidence in support of certain applications to be given in the form of a statement of truth,amend the requirements for applications and dispositions involving corporations,make other amendments as to the form and content of certain applications, and the evidence required to support them,substitute a new Schedule 4 (standard forms of restriction), and make further provision in relation to restrictions,amend provisions relating to entries in the register in certain cases,amend provisions relating to the giving of notice by the registrar in certain cases,amend the provisions for obtaining information from the registrar in certain cases,amend certain provisions relating to implied covenants,make provision for applications and register entries in respect of the right to manage conferred by Part 2 of the Commonhold and Leasehold Reform Act 2002 (c.15),make provision about apportionment of charges pursuant to paragraph 10 of Schedule 6 to the Act (registration of adverse possessor),make revised provision for payment of interest on indemnity paid under Schedule 8 to the Act (indemnities),make provisions under section 88 of the Act (incorporeal hereditaments) in connection with the registration of rentcharges and franchises,make provision in the event of interruption in the normal operation of the land registry,make amendments in consequence of the Companies Act 2006 (c.46), andmake amendments to clarify certain rules.

SCHEDULE 1AMENDMENTS TO PARTS 1 TO 10 AND 13 TO 16 OF THE PRINCIPAL RULES

New rule 11341

For rule 113 substitute—

Variation of the terms of a registered charge113
1
Subject to paragraph (2), an application to register an instrument varying the terms of a registered charge must be made—
a
by, or with the consent of, the proprietor of the registered charge and the proprietor of the estate charged,
b
with the consent of the proprietor, or a person entitled to be registered as proprietor, of every other registered charge of equal or inferior priority that is prejudicially affected by the variation, and
c
with the consent of the proprietor, or a person entitled to be registered as proprietor, of a registered sub-charge of every registered charge of equal or inferior priority that is prejudicially affected by the variation.
2
A consent under paragraph (1) is not required if—
a
the consent of that person is not required by the terms of the registered charge or registered sub-charge of which that person is the proprietor or in respect of which that person is entitled to be registered as proprietor, or
b
the person from whom a consent would otherwise be required has executed the instrument.
3
The registrar may accept a conveyancer’s certificate confirming that the conveyancer holds any necessary consents.
4
If the registrar is satisfied that the proprietor of any other registered charge, and of any registered sub-charge of that registered charge, of equal or inferior priority to the varied charge that is prejudicially affected by the variation is bound by it, he shall make a note of the variation in the register.
5
If the registrar is not so satisfied, he may make an entry in the register that an instrument which is expressed to vary the terms of the registered charge has been entered into.
6
In this rule a reference to a registered sub-charge includes any registered sub-charge which derives directly or indirectly from the registered charge.