Land Registration (Matrimonial Home Rights) Rules 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1964 |
| Year | 1997 |
1997 No. 1964
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration (Matrimonial Home Rights) Rules 1997
Made 7th August 1997
Laid before Parliament 8th August 1997
Coming into force 1st October 1997
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 19251, in exercise of the powers conferred on him by that section and section 32 of, and paragraph 4(4) and 4(6) of Schedule 4 to, the Family Law Act 19962, hereby makes the following Rules:
PART I
Citation and commencement
1. These Rules may be cited as the Land Registration (Matrimonial Home Rights) Rules 1997 and shall come into force on 1st October 1997.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires:
“the 1967 Act” means the Matrimonial Homes Act 19673;
“the 1983 Act” means the Matrimonial Homes Act 19834;
“the 1996 Act” means the Family Law Act 1996;
“credit account” means an account authorised by the registrar under article 18 of the Land Registration Fees (No. 2) Order 19975;
“matrimonial home rights caution” means a caution registered in pursuance of section 2(7) of the 1967 Act before 14th February 1983;
“matrimonial home rights notice” means a notice registered in pursuance of section 31(10)(a) or section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the 1996 Act, or section 2(8) or section 5(3)(b) of the 1983 Act, or section 2(7) or section 5(3)(b) of the 1967 Act;
“section 33(5) order” means an order made under section 33(5) of the 1996 Act, or under section 1 of the 1983 Act by virtue of section 2(4) of that Act.
(2) In rules 3 and 4 “Registry” shall include any premises where documents are stored on behalf of the registrar.
(3) In these Rules a form referred to by number means the form so numbered in Schedule 1.
(4) Expressions in these Rules have, unless the contrary intention appears, the meaning which they bear in the Land Registration Rules 19256.
PART II
APPLICATIONS TO REGISTER OR RENEW A REGISTRATION OF A MATRI MONIAL HOME RIGHTS NOTICE OR CAUTION; WARNING OFF OF MATRIMONIAL HOME RIGHTS CAUTIONS
Application to register a notice
3.—(1) An application in pursuance of section 31(10)(a) or section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the 1996 Act to register a notice shall be made by delivering in documentary form at the proper office an application on Form MH1.
(2) If the application is made under section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the 1996 Act the application shall be accompanied by an official copy of the section 33(5) order for filing in the Registry.
Application to renew the registration of a matrimonial home rights notice or caution
4.—(1) An application to renew the registration of a matrimonial home rights notice or a matrimonial home rights caution under section 32 of, and paragraph 4(3)(a) of Schedule 4 to, the 1996 Act shall be made by delivering in documentary form at the proper office an application on Form MH2 and shall be accompanied by an official copy of the section 33(5) order for filing in the Registry.
(2) If the registrar is satisfied that the application is in order he shall renew the registration by entering on the register a further notice or caution, as the case may require.
Warning off of matrimonial home rights cautions
5. The registrar shall not be required, on the application of the proprietor of the land to which a matrimonial home rights caution relates, to serve the notice referred to in rule 218 of the Land Registration Rules 1925 except upon production of:
(a) a release in writing of the matrimonial home rights protected by the caution; or
(b) a statutory declaration that, as to the whole or any part of the land to which the caution relates, no charge under section 31 of the 1996 Act, section 2 of the 1983 Act or section 2 of the 1967 Act has ever arisen or, if such a charge has arisen, it is no longer subsisting.
PART III
OFFICIAL SEARCHES BY MORTGAGEES; REQUESTS FOR INFORMATION; NOTICE OF PROVISION OF ADDITIONAL ARRANGEMENTS
Application for official search by a mortgagee
6.—(1) A mortgagee of registered land which consists of or includes all or part of a dwelling-house may apply for an official certificate of the result of a search of the relevant register for the purpose of section 56(3) of the 1996 Act.
(2) An application under paragraph (1) shall be made:
(a)
(a) by delivering in documentary form at the proper office an application on Form MH3; or
(b)
(b) during the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication other than that referred to in sub-paragraph (a) and;
(i) where the application is made by facsimile transmission the applicant shall provide Form MH3;
(ii) in any other case the applicant shall provide, in such order as may be required by the registrar, such of the particulars as are appropriate and are required for an application in Form MH3.
(3) Where the application is made under paragraph (2)(a), Form MH3, unless the registrar otherwise allows, shall be delivered in duplicate.
Issue of official certificate of result of search
7.—(1) An official certificate giving the result of the search shall be issued in one, or more than one, of the following ways:
(a)
(a) in documentary form as set out under the heading “Official Certificate of Result of Search” in Form MH3;
(b)
(b) in other documentary form;
(c)
(c) during the currency of any relevant notice given pursuant to rule 9, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).
(2) Subject to paragraphs (3) and (4), an official certificate of result of search issued under paragraph (1) shall include the information specified in Schedule 2.
(3) Where...
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