LOCAL LAND CHARGES RULES, 1934. Dated March 22, 1934.

JurisdictionUK Non-devolved
CitationSI 1934/285

1934 No. 285 (L. 4)

LAND CHARGES, ENGLAND

2. Local Land Charges

(1) Registration Generally

THE LOCAL LAND CHARGES RULES, 1934. DATED MARCH 22, 1934.

[These Rules (S.R. & O. 1934, I, p. 924) are printed as amended by Rules, dated May 10, and June 2, 1938 (S.R. & O. 1938 (Nos. 499 and 562) I, pp. 1628–30), April 24, 1942 (S.R. & O. 1942 (No. 786) I, p. 493), October 23, 1943 (S.R. & O. 1943 (No. 1532) I, p. 593), March 21, 1946 (S.R. & O. 1946 (No. 414) I, p. 947), June 15 and November 13, 1948 (S.I. 1948 (Nos. 1283 and 2471) I, pp. 1695–8).]

15 & 16 Geo. 5. c. 22.

16 & 17 Geo. 5. c. 11.

I, John Viscount Sankey, Lord High Chancellor of Great Britain, by virtue and in pursuance of the Land Charges Act, 1925, and all other powers enabling me in this behalf, do hereby make the following Rules for giving effect to Part VI of the said Act, as amended by the Law of Property (Amendment) Act, 1926.

Short title and commencement.

1. These Rules may be cited as the Local Land Charges Rules, 1934, and shall come into operation on the 7th day of May, 1934.

Interpretation.

2.—(1) In these Rules except as otherwise expressly provided:—

"The Minister" means the Minister of Health;

"The Land Charges Act" means the Land Charges Act, 1925;

"The Law of Property (Amendment) Act" means the Law of Property (Amendment) Act, 1926;

15 & 16 Geo. 5. c. 16.

"The Town Planning Act" means the Town Planning Act, 1925;

22 & 23 Geo. 5. c. 48.

"The Act of 1932" means the Town and Country Planning Act, 1932(a);

6 & 7 Geo. 6. c. 29.

"The Act of 1943" means the Town and Country Planning (Interim Development) Act, 1943;(a)

10 & 11 Geo. 6. c. 51.

"The Act of 1947" means the Town and Country Planning Act, 1947(b);

7 & 8 Geo. 6. c. 47.

25 & 26 Geo. 5. c. 47.

6 & 7 Geo. 6. c. 34.

9 & 10 Geo. 6. c. 35.

"The Acts relating to previous planning control" means the Act of 1932, any enactment repealed by that Act or repealed by any enactment which that Act repeals, the Act of 1943, the Town and Country Planning Act, 1944, the Restriction of Ribbon Development Acts, 1935, and 1943, the Building Restrictions (War-Time Contraventions) Act, 1946, or any one or more of the foregoing enactments.(c)

(a) Definition as substituted by S.R. & O. 1943 No. 1532.

(b) Definition added by S.R. & O. 1948 No. 1283.

(c) Definition added by S.R. & O. 1948 No. 2471.

"The County of London" means the County of London exclusive of the City of London;

"Scheme" has the same meaning as in the Act of 1932, and also includes schemes approved by the Minister under any Acts repealed by that Act(a);

"Planning charges" means local land charges, other than charges securing the payment of money, which are prohibitions of or restrictions on the user or mode of user of land or buildings which take effect by virtue of the Act of 1947 or the Acts relating to previous planning control(b);

"Parcel of land" means a piece of land or a building or a part of a building in separate occupation or separately rated at the time of the requisition for search.

26 Geo. 5 & 1 Edw. 8. c. 49.

For the purpose of this definition any land or building or part of a building which is neither in occupation nor rated shall be deemed to be occupied by the person who is the owner thereof within the meaning of the Public Health Act, 1936.(c)

52 & 53 Vict. c. 63.

(2) The Interpretation Act, 1889, applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

Revocation of existing Rules.

3. The Local Land Charges Rules, 1927,(d) and the Local Land Charges (Ancient Monuments) Rules, 1931,(e) are hereby revoked as from the date on which these Rules come into operation, without prejudice, however, to anything done thereunder or to any right, obligation, or liability acquired, accrued or incurred under those Rules.

Local Registrar.

4.—(1) For the purpose of registering a local land charge the proper officer to act as local registrar shall be the clerk, or the person for the time being authorised to act as clerk, of the local authority in whose favour the charge is created or by whom it is enforceable:

Provided that:—

(i) in the case of the following charges the proper officer shall be the clerk, or the person for the time being authorised to act as clerk, of the borough or district council in whose borough or district the land affected by the charge is situate:—

(a) planning charges other than those arising or created within the County of London or the City of London;

(b) local land charges, other than any planning charges, imposed by the Council of a county, borough (including a metropolitan borough), urban or rural district, or by the Common Council of the City of London, which affect land outside the county, borough, district or the City of London, as the case may be; and

(a) Definition as amended by S.R. & O. 1943 No. 1532.

(b) Definition as substituted by S.I. 1948 No. 2471.

(c) Public Health Act, 1936 substituted by S.R. & O. 1938 No. 499.

(d) S.R. & O. 1927 (No. 869) p. 640.

(e) S.R. & O. 1931 (No. 583) p. 561.

(c) local land charges, other than planning charges, imposed by any registering authority other than an authority mentioned in paragraph (b) or paragraph (iv);

(ii) in the case of planning charges arising or created within the County of London, the proper officer shall be the clerk, or the person for the time being authorised to act as clerk, of the London County Council;

(iii) in the case of planning charges arising or created within the City of London, the proper officer shall be the town clerk, or the person for the time being authorised to act as town clerk, of the City of London;

11 & 12 Geo. 6. c. 17.

(iv) in the case of any rights conferred by section 12 of the Requisitioned Land and War Works Act, 1948, the proper officer shall be the clerk, or the person for the time being authorised to act as clerk, of the County Council or the County Borough Council in whose area the land affected is situate.(a)

21 & 22 Geo. 5. c. 16.

(2) Where any instrument is required in pursuance of section 11 of the Ancient Monuments Act, 1931, to be registered as a local land charge, the proper officer of any of the local authorities mentioned in the said section to act as local registrar shall be the clerk, or the person for the time being authorised to act as clerk, to the local authority.

(3) For the purposes of this Rule, a reference to a local land charge shall include a priority notice in respect of that charge.

Contents of Register.

5. The register of local land charges shall have an index, which shall be in the form of a map, unless the Minister approves some other form, for enabling a person to trace any entry in the register, and shall be divided into the following parts:—

(a) Part I, being a part relating to general charges arising under subsection (4) of section 15 of the Land Charges Act;

(b) Part II, being a part relating to specific charges, other than prohibitions of or restrictions on the user or mode of user of land or buildings;

(c) Part III, being a part relating to prohibitions of or restrictions on the user or mode of user of land or buildings which are planning charges;

(d) Part IV, being a part relating to prohibitions of or restrictions on the user or mode of user or transfer of land or buildings which are not planning charges, and to instruments registered in pursuance of section 11 of the Ancient Monuments Act, 1931 and to any rights conferred by section 12 of the Requisitioned Land and War Works Act, 1948;(b)

4 & 5 Geo. 6. c. 50.

(e) Part V, being a part relating to charges acquired by a County Council under section 8 (3) (d) of the Agriculture (Miscellaneous Provisions) Act, 1941.(c)

(a) Rule 4 (1) as substituted by S.R. & O. 1938 No. 499 and amended by S.R. & O. 1938 No. 562 and S.I. 1948 No. 2471.

(b) Rule 5 (d) as amended by...

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