SCHEDULE 1
Rule 2(1)
AMENDMENTS TO THE PRINCIPAL RULES
1. In rule 20(iii) delete the words “or Land Registry General Map”.
2. For rule 82A substitute—
“Evidence of non-revocation of power more than 12 months old
82A.—(1) If any transaction between a donee of a power of attorney and the person dealing with him is not completed within 12 months of the date on which the power came into operation, the Registrar may require the production of evidence to satisfy him that the power had not been revoked at the time of the transaction.
(2) The evidence that the Registrar may require under paragraph (1) above shall consist of a statutory declaration by the person who dealt with the attorney or a certificate given by that person’s solicitor, if he has knowledge of the relevant facts, in Form 114 or such other evidence as the Registrar may direct.”
3. For rule 82B substitute—
“Evidence in support of power delegating trustees' functions to a beneficiary
82B.—(1) If any instrument executed by an attorney to whom functions have been delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 19968is delivered to the Registrar, the Registrar may require the production of evidence to satisfy him that the person who dealt with the attorney:
(a)
(a) did so in good faith; and
(b)
(b) had no knowledge at the time of the completion of the transaction that the attorney was not a person to whom the functions of the trustees in relation to the land to which the application relates could be delegated under that section.
(2) The evidence that the Registrar may require pursuant to paragraph (1) above shall consist of a statutory declaration by the person who dealt with the attorney or a certificate given by that person’s solicitor, if he has knowledge of the relevant facts, in Form 115 or, where evidence of non-revocation is also required pursuant to rule 82A above, in Form 114, or such other evidence as the Registrar may direct.”
4. For rule 90 substitute—
“Retention of documents in registry
90. All deeds, applications and other documents on which any entry in the register is founded shall be retained, and shall not be taken away from the Registry, except:
(a) under a written order of the Registrar; or
(b) pursuant to an order of the court; or
(c) where a copy of the deed, application or other document is retained in an electronic or other non-documentary form; or
(d) where otherwise provided for in the Act or these rules.”
5. For rule 145(1), substitute—
“1 On the registration of a charge created by a company registered under the Companies Acts or a limited liability partnership incorporated under the Limited Liability Partnerships Act 20009, there shall be produced to the Registrar a certificate under section 395 of the Companies Act 1985 that such charge has been registered under that section.”
6. Insert rule 185A—
“Proceedings under the EC Regulation on insolvency proceedings
185A.—(1) Any relevant person may apply for a note of a judgment opening insolvency proceedings to be entered in the register.
(2) An application under paragraph (1) must be accompanied by such evidence as the Registrar may reasonably require.
(3) Following an application under paragraph (1) if the Registrar is satisfied that the judgment opening insolvency proceedings has been made he may enter a note of the judgment in the register.
(4) In this rule—
“judgment opening insolvency proceedings” means a judgment opening proceedings within the meaning of article 3(1) of the Regulation;
“relevant person” means any person or body authorised under the provisions of article 22 of the Regulation to request or require an entry to be made in the register in respect of the judgment opening insolvency proceedings the subject of the application;
“Regulation” means Council Regulation (EC) No 1346/200010.”
7. In rule 215(2), substitute the words “and shall be accompanied by a statutory declaration which contains a reference to the land to which the caution relates, its title number and which sets out the nature of the cautioner’s interest in the land” for the words “and the declaration in support of the caution shall be in Form 14 or to the like effect, and shall contain a reference to the land to which it relates, and to the title number, and shall also state the nature of the cautioner’s interest in the land”.
8. In rule 215(3), substitute the words `or a person authorised by the cautioner' for the words `or his solicitor'.
9. In rule 234, insert the words `or on behalf of' after the words `to be given by'.
10. In rule 259—
(a) in the heading, add after the words “Registration of companies” the words “and limited liability partnerships”;
(b) after paragraph (3), add the following paragraph—
“4 Where application is made for...
