The Land Registration Act 2002 (Transitional Provisions) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/1953 |
2003 No. 1953
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration Act 2002 (Transitional Provisions) Order 2003
Made 10th July 2003
Coming into force in accordance with article 1(1)
The Lord Chancellor, in exercise of the powers conferred on him by section 134 of the Land Registration Act 20021, hereby makes the following Order—
Preliminary
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Land Registration Act 2002 (Transitional Provisions) Order 2003 and shall come into force on the day that section 1 of the Act comes into force.
(2) In this Order—
“the 1925 Act” means the Land Registration Act 19252,
“the 1925 Rules” means the Land Registration Rules 19253,
“the 1972 Rules” means the Land Registration (Souvenir Land) Rules 19724,
“the 1991 Rules” means the Land Registration (Open Register) Rules 19915,
“the 1993 Rules” means the Land Registration (Official Searches) Rules 19936,
“the 2003 Rules” means the Land Registration Rules 20037,
“the Act” means the Land Registration Act 2002,
“commencement” means the day when section 1 of the Act comes into force,
“the Regulations” means the Land Registration (Conduct of Business) Regulations 20008.
General and administrative
Chief Land Registrar
2. The person holding the office of Chief Land Registrar immediately before commencement shall continue to be the Chief Land Registrar notwithstanding that he has not been appointed under section 99(3) of the Act.
Extension of effect of statutory provisions—first registration, dealings, etc.
3.—(1) Notwithstanding the repeal of the 1925 Act, that Act shall continue to have effect in relation to any application referred to in paragraph (2) that is pending immediately before commencement.
(2) Paragraph (1) applies to—
(a)
(a) an application for the first registration of land,
(b)
(b) any other application (whether or not being one within paragraphs 5 or 6 of Schedule 12 to the Act) that, if completed, would result in a change to the register.
(3) Paragraph (1) is subject to articles 5, 7 and 24.
Extension of effect of statutory provisions for the purpose of the Order
4. Notwithstanding the repeal of the 1925 Act, that Act shall continue in force to the extent necessary to enable the remaining provisions of this Order to have effect.
Notices
5.—(1) The 2003 Rules apply to the giving of—
(a)
(a) any notice under this Order, and
(b)
(b) any notice under the 1925 Act, as continued under Schedule 12 to the Act or article 3, other than a notice to which paragraph (3) applies.
(2) Section 79 of the 1925 Act does not apply to any notice to which paragraph (1)(b) applies.
(3) Subject to the modification referred to in paragraph (4), sub-sections (1) and (2) of section 30 of the 1925 Act apply to any notice required to be given under sub-section (1) of that section, as continued under article 3.
(4) The modification referred to in paragraph (3) is the omission of the words “ by registered post” from section 30(1) of the 1925 Act.
Disputes, objections, appeals and proceedings
Hearing of existing disputes
6.—(1) This article applies to any pending application in relation to which there is, immediately before commencement, a dispute to which rule 299(1) of the 1925 Rules applies that has not been finally disposed of.
(2) For the purposes of paragraph (1) there is a dispute to which rule 299(1) of the 1925 Rules applies where—
(a)
(a) in relation to a caution lodged under section 54 of the 1925 Act or rule 215(2) of the 1925 Rules, an application has been lodged that has resulted in the notice referred to in rule 218 of the 1925 Rules being issued before commencement, provided that (whether before or after commencement) the registrar is satisfied that cause has been shown under rule 219(3) of the 1925 Rules, and
(b)
(b) in the case of any other pending application, a person has, before commencement, objected to the application under rule 298(1) of the 1925 Rules, provided that the registrar is satisfied subsequently that the objection cannot be treated as groundless under rule 298(4) of the 1925 Rules.
(3) Neither the objection that has led to the dispute, nor any subsequent objection to the same application, shall constitute an objection for the purpose of section 73 of the Act.
(4) The registrar must deal with or continue to deal with the existing dispute and any dispute resulting from any subsequent objection to the same application, in accordance with rule 299 of the 1925 Rules and, where appropriate, the Land Registration (Hearings Procedure) Rules 20009until the dispute has been finally disposed of.
(5) Subject to the modifications referred to in paragraph (6), the Regulations shall continue to apply in relation to any dispute referred to in paragraph (1) to enable relevant acts of the registrar to which those regulations relate to be done or continue to be done by a person nominated by the registrar under the Regulations.
(6) The modifications referred to in paragraph (5) are—
(a)
(a) substitution of the following sub-paragraph for regulation 2(d) of the Regulations—
“(d)
“(d) “qualified officer” means a member of staff of the land registry who holds a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; and”,
(b)
(b) substitution of the words “qualified officer” for the words “qualified registrar” where they occur in regulations 3(1), 5(1) and 6(1) of the Regulations,
(c)
(c) substitution of the word “person” for the word “registrar” where it occurs in regulations 3(2), 5(2) and 6(2) of the Regulations, and
(d)
(d) substitution of the words “qualified officer” for the word “registrar ” where it occurs in regulations 5(3) and 6(3) of the Regulations.
Objection after commencement
7.—(1) This article applies to any application that is pending immediately before commencement in relation to which an objection is made after commencement that is not an objection to which article 6(3) applies.
(2) Notwithstanding paragraph 5 of Schedule 12 to the Act, the objection shall constitute an objection to which section 73 of the Act applies.
Appeals
8. Rule 300 of the 1925 Rules (Appeal to the court) shall continue to have effect in relation to—
(a) any decision by the registrar under rule 298(4) of the 1925 Rules that an objection is groundless (whether the decision is made before commencement, or after commencement in relation to an application that is pending immediately before commencement), and
(b) any decision or order by the registrar under rule 299 of the 1925 Rules (whether made before commencement, or after commencement in relation to a dispute to which article 6 applies).
Legal Proceedings
9.—(1) This article applies to any proceedings which were instituted before commencement but which have not been concluded immediately before commencement.
(2) Any proceedings to which paragraph (1) applies may be continued until concluded, whether by final determination by the court or otherwise, as if the 2002 Act had not been passed.
(3) Where in any proceedings the court gives judgment or makes an order, or has already done so before commencement, and the effect of the judgment or order is to require an entry or cancellation to be made in the register or the register to be rectified or altered, then the proceedings shall not be treated as concluded for the purpose of paragraphs (1) and (2) until the entry or cancellation has been made, or the register rectified or altered, as required by the court.
(4) Paragraphs (2) and (3) have effect without prejudice to the need for any order of the court or alteration of the register made after commencement to comply with rule 127 of the 2003 Rules.
(5) In this article—
“court” has the same meaning as in the 1925 Act, and
“proceedings” means any proceedings within the jurisdiction of the court by virtue of a provision of the 1925 Act.
Souvenir land
Souvenir land—application of articles and definitions
10.—(1) Articles 11, 12 and 13 apply where—
(a)
(a) there is in force in relation to registered land immediately before commencement a declaration by the registrar under rule 3 of the 1972 Rules, and
(b)
(b) particulars of the declaration have been entered in the register under rule 6 of those rules.
(2) In articles 11, 12 and 13—
“declaration” means the declaration by the registrar under rule 3 of the 1972 Rules,
“proprietor” in relation to souvenir land means the registered proprietor or, where the registered proprietor has died, been made bankrupt or, being a corporate body, has been dissolved, the person who would be entitled to be registered as proprietor in his place but for any unregistered transaction effected after the declaration was made,
“souvenir land” means the registered land subject to a declaration,
“third party” means a person other than the proprietor.
Souvenir land—restriction on dispositions
11.—(1) Where any unregistered transaction with souvenir land has been effected after the declaration was made and has resulted in one or more third parties becoming entitled to apply to be registered as proprietor of any part or parts of the land, the proprietor must not dispose of that land otherwise than in a manner that gives effect in the register to the interests of the third parties.
(2) The particulars of a declaration entered in the individual register of any souvenir land shall take effect after commencement as if there were a restriction in the...
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