SCHEDULE 1
Rule 4(1)
AMENDMENTS TO PARTS 1 TO 10 AND 13 TO 16 OF THE PRINCIPAL RULES
1. Amendments to rule 5
In rule 5—
(a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”,
(b) for paragraph (b)(ii) substitute—
“(ii)
“(ii) easements, rights and privileges benefiting the registered estate and other similar matters,”,
(c) in paragraph (b)(iii), after “exceptions” insert “or reservations”, and
(d) in paragraph (b)(iv), omit “other” where it first appears and after “matter” insert “otherwise”.
2. Amendment to rule 6
In rule 6(2), for the words from “all” to “registration” substitute “the lease prohibits or restricts dispositions of the estate”.
3. Amendment to rule 7
At the beginning of rule 7, for “The” substitute “Where practicable, the”.
4. Amendments to rule 8
In rule 8—
(a) omit paragraph (1)(i), and
(b) for rule 8(2) substitute—
“2 Where practicable, the registrar must enter in the proprietorship register—
(a) on first registration of a registered estate,
(b) following completion by registration of a lease which is a registrable disposition, and
(c) on a subsequent change of proprietor of a registered estate,
the price paid or value declared for the registered estate.
3 An entry made under paragraph (2) must remain until there is a change of proprietor, or some other change in the register of title which the registrar considers would result in the entry being misleading.”.
5. Amendments to rule 9
In rule 9—
(a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”,
(b) in paragraph (g), omit “and”,
(c) in paragraph (h), for the full stop substitute “, and”, and
(d) after paragraph (h), add—
“(i)
“(i) any matter otherwise required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the charges register.”.
6. Amendment to rule 11
For rule 11(3) substitute—
“3 A person may apply in Form PN1 for a search to be made in the index in respect of—
(a) his own name,
(b) the name of a corporation aggregate, or
(c) the name of some other person in whose property he can satisfy the registrar that he is interested generally (for instance as trustee in bankruptcy or personal representative).”.
7. Amendment to rule 19
In rule 19(2)(c), for “to which communications may be sent” substitute “for service in accordance with rule 198”.
8. Amendments to rule 27
(1) In the heading to rule 27, after “application” insert “based on adverse possession or” and after “are” insert “otherwise”.
(2) Rule 27 is renumbered as paragraph (1) of that rule.
(3) After paragraph (1) as so renumbered, add—
“2 The evidence referred to in paragraph (1) may consist of, or include, a statement of truth, which may be made in Form ST1, ST2 or ST3, as appropriate.”.
9. Amendment to rule 33
In rule 33, after paragraph (2) add—
“3 The evidence referred to in paragraph (1)(b) may consist of, or include, a statement of truth, which may be made in Form ST4 if appropriate.”.
10. Amendment to rule 37
For rule 37(1) and (2) substitute—
“1 This rule applies where—
(a) an application is made for registration of a leasehold estate under Chapter 1 of Part 2 of the Act,
(b) at the time of the grant of the lease—
(i) the reversion was not registered, or
(ii) the reversion was registered but the grant of the lease was not required to be completed by registration,
(c) the registrar is satisfied that a particular registered estate is the reversion, and
(d) the lease is not noted in the register of the registered reversion.
2 Before completing registration of the leasehold estate, the registrar must give notice of the application to the proprietor of the registered reversion, unless it is apparent from the application that the proprietor consents to the registration.”.
11. New rule 49
For rule 49 substitute—
“Alteration of the cautions register by the registrar
49.—(1) Subject to paragraph (2), if the registrar is satisfied that the cautioner does not own the relevant interest, or only owns part, or that such interest did not exist or has come to an end wholly or in part, he must on application alter the cautions register under section 21(1) of the Act.
(2) The registrar is not obliged to alter the cautions register under section 21(1) of the Act to substitute another person for the cautioner in the cautioner’s register unless the whole of the relevant interest is vested in that other person by operation of law.”.
12. Amendment to rule 51
In rule 51(1), for “show him as” substitute “substitute him for the” and omit “in place of the cautioner”.
13. New rule 52
For rule 52 substitute—
“Definition of “the cautioner”
52.—(1) The other person referred to in sections 22 and 73(2) of the Act shall be the person for the time being shown as cautioner in the cautioner’s register, where that person is not the person who lodged the caution against first registration.
(2) Where the cautioner shown in the cautioner’s register comprises more than one person, then each such person has a separate right to object to an application made under section 18 of the Act.”.
14. Amendments to rule 54
In rule 54—
(a) for paragraph (6) substitute—
“6 Without prejudice to the power of the registrar to cancel an application...