The Commonhold (Land Registration) (Amendment) Rules 2008

Statutory Instruments

2008 No. 1920

Commonhold, England And Wales

The Commonhold (Land Registration) (Amendment) Rules 2008

Made

17th July 2008

Laid before Parliament

21st July 2008

Coming into force

10th November 2008

The Lord Chancellor makes the following rules in exercise of the powers conferred by section 65 of the Commonhold and Leasehold Reform Act 2002(1).

In accordance with section 127(2) of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section.

Citation and commencement

1.  These rules may be cited as the Commonhold (Land Registration) (Amendment) Rules 2008 and shall come into force on 10th November 2008.

Interpretation

2.  In these rules “the principal rules” means the Commonhold (Land Registration) Rules 2004(3) and a reference to a rule by number (other than the reference to rule 8 at the head of the Schedule) is a reference to the rule so numbered in the principal rules.

Amendment to rule 5

3.  In rule 5(3), for “statutory declaration” substitute “statement of truth”.

Amendments to rule 6

4.—(1) In the heading to rule 6 and in paragraphs (1) and (6) of that rule, for the words “statutory declaration”, wherever they appear, substitute “statement of truth”.

(2) In paragraphs (2) to (5) of rule 6, for the word “declaration”, wherever it appears, substitute “statement”.

Amendment to rule 14

5.  In rule 14(3)(a), for “statutory declaration” substitute “statement of truth”.

Amendment to rule 20

6.  In rule 20(4), for “statutory declaration” substitute “statement of truth”.

Amendment to rule 25

7.  In rule 25, for “panel 9” substitute “panel 7”.

Amendments to Schedule 1 to the principal rules

8.  In Schedule 1 to the principal rules―

(a) for Form CM1 substitute Form CM1 in the Schedule to these rules,

(b) for Form CM2 substitute Form CM2 in the Schedule to these rules, and

(c) for Form CM4 substitute Form CM4 in the Schedule to these rules.

Signed by authority of the Lord Chancellor

Michael Wills

Minister of State

Ministry of Justice

17th July 2008

Rule 8

SCHEDULE SUBSTITUTED FORMS IN SCHEDULE 1 TO THE PRINCIPAL RULES

EXPLANATORY NOTE

(This note is not part of the rules)

These rules amend the Commonhold (Land Registration) Rules 2004 (the principal rules).

They provide for evidence in support of certain applications to be given in the form of a statement of truth instead of a statutory declaration. “Statement of truth” is defined in rule 215A of the Land Registration Rules 2003 (S.I. 2003/1417), as inserted by paragraph 72 of Schedule 1 to the Land Registration (Amendment) Rules 2008 (S.I. 2008/1919). The definition applies to the principal rules by virtue of rule 3(1) of those rules.

Accordingly, rules 3, 4, 5 and 6 amend rules 5 (application for registration of a freehold estate in land as a freehold estate in commonhold), 6 (contents of the statutory declaration to accompany an application under rule 5), 14 (application for cessation of a commonhold during the transitional period) and 20 (application to add land to a commonhold registration) of the principal rules respectively to require, or to refer to, a statement of truth instead of a statutory declaration. Rule 8 of, and the Schedule to, these rules substitute new Forms CM1, CM2 and CM4 in Schedule 1 to the principal rules. These are the application forms required by rules 5, 14 and 20 of the principal rules. The only substantive change is that panel 6 of each new form refers to a statement of truth, while the same panel in each of the replaced forms referred to a statutory declaration.

Rule 7 amends rule 25 of the principal rules because a new Form OC1 (application for official copies of a register/plan) is inserted into Schedule 1 to the Land Registration Rules 2003, by rule 4(2) of, and Schedule 2 to, the Land Registration (Amendment) Rules 2008. Rule 25 requires an application for official copies of the individual register and title plan of the common parts in relation to a commonhold to be made by inserting prescribed words of reference to the common parts in a specified numbered panel in Form OC1. Rule 7 amends rule 25 to refer to the panel number of the equivalent panel in the new Form OC1.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.

(1)

2002 c.15.

(2)

Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302.

(3)

S.I. 2004/1830.