SCHEDULE 2Consequential amendments to subordinate legislation

PART 1

Land Registration Rules 20038

1

The Land Registration Rules 200369 are amended as follows.

2

In rule 165 (bankruptcy notice)—

a

in paragraph (1) omit “in the following form—” and insert—

.

1A

The bankruptcy notice on registration of a petition in bankruptcy must be in the following form—

b

before paragraph (2) insert—

1B

The bankruptcy notice on registration of a bankruptcy application must be in the following form—

“BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy application made by [name of debtor] (reference…..) (Land Charges Reference Number PA…..).”.

3

In rule 166 (bankruptcy restriction)—

a

In paragraph (1) omit “in the following form—” and insert—

.

1A

The bankruptcy restriction on registration of a bankruptcy order made by the court must be in the following form—

b

before paragraph (2) insert—

1B

The bankruptcy restriction on registration of a bankruptcy order made by the adjudicator must be in the following form—

“BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002 as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy order made by the adjudicator (reference…..) against [name of debtor] (Land Charges Reference Number WO…..).

[No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].”

4

In rule 167(1) (action of the registrar in relation to bankruptcy entries)—

a

after sub-paragraph (a) insert—

ab

the adjudicator has refused to make a bankruptcy order, or

b

before “to that bankruptcy petition” insert “to that bankruptcy application,”.

5

In rule 217(1)70 (general interpretation) before “affecting franchise” insert—

  • “adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 198671,