The Land Registration (Proper Office) Order 2013

Statutory Instruments

2013 No. 1627

Land Registration, England And Wales

The Land Registration (Proper Office) Order 2013

Made

1st July 2013

Laid before Parliament

3rd July 2013

Coming into force

1st October 2013

The Secretary of State makes the following order in exercise of the power conferred on him by section 100(3) of the Land Registration Act 2002(1).

Citation and commencement

1.  This Order may be cited as the Land Registration (Proper Office) Order 2013 and shall come into force on 1st October 2013.

Applications to which this Order applies

2.—(1) This Order applies to any application to the registrar except an application delivered to the registrar—

(a) in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or

(b) under the provision of any relevant notice given under Schedule 2 to the Land Registration Rules 2003(2).

(2) In this article “conveyancer” means—

(a) an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,

(b) an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or

(c) a person who carries on the relevant reserved instrument activities in the course of that person’s duty as a public officer,

and for the purposes of this definition—

(i) “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007(3),

(ii) “licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,

(iii) “manager” has the same meaning as in section 207 of the Legal Services Act 2007,

(iv) “regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,

(v) “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,

(vi) “relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.

Designation of the proper office

3.  The proper office for the receipt of an application to which this Order applies is any office of the land registry specified in the Schedule.

Revocation

4.  The Land Registration (Proper Office) Order 2010(4) and the Land Registration (Proper Office) (Amendment) Order 2011(5) are revoked.

Michael Fallon

Minister of State for Business and Enterprise

Department for Business, Innovation & Skills

1st July 2013

Article 3

SCHEDULE

Birkenhead Office

Coventry Office

Croydon Office

Durham Office

Fylde Office

Gloucester Office

Kingston Upon Hull Office

Leicester Office

Nottingham Office

Peterborough Office

Plymouth Office

Telford Office

Wales Office Cofrestrfa Tir Swyddfa Cymru

Weymouth Office

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which comes into force on 1 October 2013, designates all fourteen land registry offices listed in the Schedule as proper offices for the receipt of specified descriptions of applications under the Land Registration Act 2002. It replaces the Land Registration (Proper Office) Order 2010, which designated a particular office as the proper office, that office depending on the administrative area in which the land concerned was situated.

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.9.

(2)

S.I. 2003/1417, to which there are amendments not relevant to this Order.

(3)

2007 c.29.

(4)

S.I. 2010/1635.

(5)

S.I. 2011/1411.