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You are here: BAILII >> Databases >> The Law Commission >> Land Registration For The Twenty-First Century: A Conveyancing Revolution (Report) [2001] EWLC 271(16) (9 July 2001)
URL: http://www.bailii.org/ew/other/EWLC/2001/271(16).html
Cite as: [2001] EWLC 271(16)
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PART XVI JUDICIAL PROVISIONS
INTRODUCTION
16.1 In this Part we explain the judicial provisions contained in the Bill. These differ in a number of respects from the present law and practice. In particular, the Bill creates a new office, that of Adjudicator to HM Land Registry, that is independent of the Registry. The function of the Adjudicator is to determine any contested application to the registrar that cannot be disposed of by agreement between the parties.[1] At present, this function is performed by the Solicitor to HM Land Registry, who is the senior lawyer in the Registry. Notwithstanding that he adjudicates only in disputes between parties and not those involving the Registry, issues can still arise in such cases which involve the decisions of officials of the Registry. There could therefore be a perception that he is not sufficiently independent.[2] As a matter of principle, it is desirable to create a completely independent office for adjudication. The great merits of the present system of determinations by the Solicitor are that they are cheap, swift and a great deal more informal than a hearing before a court. In practice, remarkably few decisions have been appealed and virtually none of those successfully. It is intended that the practice of the Adjudicator should offer a similar service and thereby obviate the need for, and expense of, court proceedings.
16.2 In this Part, we explain the following matters-
(1) the office of Adjudicator;
(2) proceedings in land registration matters and the roles in relation to them of-
(a) the registrar;(b) the Adjudicator;(c) the court; and
(3) criminal offences. Most of these matters are covered by Part XI and Schedule 9 of the Bill. However, proceedings before the registrar fall within Part VI of the Bill, and offences are found in Part XII.
THE ADJUDICATOR
The office of Adjudicator
16.3 Under Clause 105(1) of the Bill, the Lord Chancellor is required to appoint a person to be the Adjudicator to HM Land Registry. To be qualified for appointment, that person must have a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990.[3] The Bill makes provision dealing with the Adjudicator's resignation, his removal by the Lord Chancellor, his re-appointment on ceasing to hold office, and his remuneration.[4] The office is to be a disqualifying office for the purpose of membership of the House of Commons or the Northern Ireland Assembly.[5]
(1) the Adjudicator may appoint such staff on such terms as he thinks fit and on such conditions as he, with the approval of the Minister for the Civil Service, thinks fit;[6] and
(2) any function of the Adjudicator may be carried out by any member of his staff who is authorised by him for the purpose.[7]
However, as regards (2), the Adjudicator may only delegate functions that are not of an administrative character to a member of his staff who himself has 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990.[8] There is a power for the Lord Chancellor by regulations to make provision about the carrying out of any functions during any vacancy in the office of Adjudicator.[9] The Adjudicator is to be under the supervision of the Council on Tribunals.[10] At present, the Solicitor to HM Land Registry is not. This means that the Adjudicator will have to satisfy the various requirements laid down for tribunals subject to the Council in the Tribunals and Inquiries Act 1992.[11]
16.5 The Lord Chancellor will meet the costs of the office of the Adjudicator,[12] but he may require the Chief Land Registrar to contribute towards those expenses.[13]
Jurisdiction
The general right to object to an application to the registrar and the registrar's duty to refer contested applications to the Adjudicator
16.6 To understand the Adjudicator's jurisdiction, it is necessary to explain the fundamental principle upon which it primarily rests. As we have explained elsewhere, the Bill makes provision for the making of applications in many circumstances.[14] There must therefore be some mechanism by which the making of an application can be challenged. Clause 73 of the Bill therefore creates what is referred to as a "right to object".[15] Subject to two exceptions, anyone may object to an application to the registrar.[16] The two exceptions to this are-
(1) on an application for the cancellation of a caution against first registration under Clause 18, where only the person who lodged the caution or his or her personal representative may object;[17] and
(2) on an application for the cancellation of a unilateral notice under Clause 36, where only the person shown in the register as the beneficiary of the notice may object.[18]
Where an objection is made, then unless the registrar is satisfied that it is groundless, he must give notice of it to the applicant and may not determine the application until the objection has been disposed of.[19] If it is not possible to dispose of the objection by agreement, Clause 73(7) requires the registrar to refer the matter to the Adjudicator.[20] It may not be the entire application that is referred to the Adjudicator, but merely one or more of the issues raised by it. It should be noted that a person may not exercise his or her right to object to an application to the registrar without reasonable cause.[21] A breach of this statutory duty is actionable in damages at the behest of any person who suffers loss in consequence.[22]
16.7 Clause 106(1) sets out the Adjudicator's two principal functions.
(1) The first is to determine matters referred to him under Clause 73(7).[23] This function is confined to disputes between a person who has made an application to the registrar and some other person.
(2) The second, which has already been explained, is the power to hear appeals by a person who is aggrieved by a decision of the registrar with respect to entry into, or termination of, a network access agreement.[24]
It should be noted that, apart from (2), the Adjudicator has no jurisdiction in relation to any dispute that an applicant may have with the registrar.[25]
Other matters
16.8 The Bill confers jurisdiction on the Adjudicator in certain other matters. One of these situations has already been explained in the context of the provisions on adverse possession.[26] However, the most significant is the Adjudicator's power, exercisable on an application to him, to rectify or set aside a document.[27] The power may only be exercised in relation to a document which does any one of the following:[28]
(1) Where it effects a disposition of a registered estate or charge where that disposition is either a registrable disposition or one which creates an interest which may be protected by the entry of a notice. This will therefore include documents such as a transfer or grant of a legal estate and an instrument creating a restrictive covenant.
(2) Where the document is a contract to make a disposition that falls within (1). (3) Where the instrument effects the transfer of an interest which is the subject of a notice in the register. An example, might be where there was a conveyance of a profit à prendre that was noted on the register but not registered with its own title, and there was an error in that conveyance.[29]
16.10 Under the Bill, the general law about the effect of an order of the High Court for the rectification or setting aside of a document applies to an order made under this power.[30] This means (for example) that—
(1) rectification relates back to the time when the instrument was executed;[31] and
(2) after rectification the instrument is to be read as if it had been drawn up in its rectified form[32].
PROCEEDINGS
Proceedings before the registrar
16.11 We have explained above how, where there is a contested application to the registrar that cannot be resolved by agreement, he must refer the matter to the Adjudicator.[33] However, there will be many cases where a matter arises before the registrar, whether on application or otherwise, that will be determined by him. For example, an issue might arise-
(1) where there has been an application for first registration and the registrar is examining the applicant's title; and
(2) where the registrar is exercising his powers to alter the register, whether on application or on his own volition, perhaps to bring it up to date or to remove a spent entry.[34]
16.12 The Bill gives the registrar specific powers in relation to two matters.[35]
(1) It provides that, subject to rules,[36] he may require a person to produce a document for the purposes of the proceedings before him.[37]
(2) It empowers him to make orders about costs in relation to proceedings before him.[38] This power is subject to rules.[39]
These may, in particular, make provision about whose costs and the kind of costs that a person may be required to pay, and also the assessment of such costs.[40] The rules may include provision about costs incurred by the registrar and liability for costs thrown away as the result of neglect or delay by a legal representative of a party to proceedings.[41]
(1) the requirement or order is enforceable as an order of the court;[42] and
(2) a person who is aggrieved by it, has a right to appeal to a county court, which may make any order which appears appropriate.[43]
16.14 The only rights of appeal from the registrar are those mentioned above in paragraphs 16.7 and 16.13(2). A person who wishes to challenge any other decision of the registrar must seek judicial review of it. This so whether the challenge arises out of an uncontested application to the registrar or from some exercise by him of his powers on his own initiative or under some requirement of the Bill.[44]
Proceedings before the Adjudicator
16.15 When a matter is referred to the Adjudicator under Clause 73(7),[45] or an application is made to him for the rectification or setting aside of a document,[46] he may either-
(1) determine the matters on the papers submitted to him by the parties; or
(2) hold a hearing.[47] When he has made a determination, whether on the papers or at a hearing, anything that he requires of any party is enforceable as an order of the court.[48]
16.16 The Bill makes provision as to the procedure at hearings before the Adjudicator.[49] Hearings are to be held in public except where the Adjudicator is satisfied that it is just and reasonable to exclude the public.[50] It is provided that, as regards-
(1) the practice and procedure to be followed with respect to proceedings before the Adjudicator; and
(2) any matters that are incidental to or consequential upon such proceedings; may be the subject of rules.[51]
16.17 The Bill lists the matters in relation to which, in particular, rules may make provision.[52] These are-
(1) when hearings are to be held;
(2) requiring that persons attend hearings to give evidence or produce documents;
(3) the form in which any decision of the Adjudicator is to be given;
(4) the payment by one party to the proceedings of the costs of the other; and
(5) liability for costs thrown away as the result of neglect or delay by a legal representative of a party to proceedings.[53]
16.18 We have mentioned above that the reference to the Adjudicator under Clause 73(7) may not be of the entire application to the registrar, but merely of some issue or issues raised by it.[54] Provision is therefore needed to explain what the Adjudicator may do on any reference to him. The matter is in fact one for which provision may be made by rules under the Bill.[55] Those rules may, in particular, make provision enabling the Adjudicator to determine or to make directions about the determination of-
(1) the application to which the reference relates; or
(2) such other present or future applications as the rules may provide.[56]
The principal reason for (2) is that where the Adjudicator decides a particular point, rules may enable him to give specific directions in related applications. However, the power is wide enough that rules might empower him to give general directions that could apply to pending and future applications that were quite unconnected with the case before him. This would of course obviate the need for further references to him on the same point and would provide guidance to the registrar as to what he is to do in future in a similar case.
16.19 The Lord Chancellor is given power by order both to prescribe fees to be paid in respect of proceedings before the Adjudicator, and to make provision about the payment of prescribed fees.[57]
Power for the Adjudicator to direct a hearing before the court
16.20 In proceedings on a reference to the Adjudicator under Clause 73(7),[58] he may, instead of deciding a matter himself, direct a party to the proceedings before him to commence proceedings in the court[59] within a specified time in order to obtain the court's decision on the matter.[60] This may be appropriate where, for example-
(1) the application raises an important or difficult point of law;
(2) there are substantial or complex disputes of fact that are more appropriate for a court hearing;
(3) there are other issues between the parties already before the court (such as matrimonial proceedings); or
(4) the court has powers not available to the Adjudicator, as for example, the power to award damages for lodging a caution, applying for the entry of a notice or restriction, or objecting to an application without reasonable cause.[61]
16.22 Rules may make provision about references to the court.[62] In particular, they may make provision about the adjournment of the proceedings before the Adjudicator pending the outcome of the proceedings before the court.[63] They may also specify what the powers of the Adjudicator are to be in the event that a party fails to comply with a direction to commence proceedings in court. Thus, for example, if the defaulting party is the applicant, rules might empower the Adjudicator to dismiss his or her application in whole or part. Conversely, if the party in default was the person who had objected to the application, rules might authorise the Adjudicator to give effect to the application in whole or part and disregard the objection.[64]
Right of appeal
16.23 A person aggrieved by a decision of the Adjudicator is given a right to appeal to the High Court.[65]
(1) As regards the matters set out in paragraph 16.7(1) (that is, to determine matters arising out of a disputed application that is referred to him under Clause 73(7)), that right is unqualified and is, therefore, a right to appeal on a point either of law or of fact.[66] However, it is subject to the power, contained in section 54 of the Access to Justice Act 1999, to provide by rules of court that any right of appeal may be exercised only with permission. These rights of appeal may have to be reconsidered in the light of any recommendations that may be made by Sir Andrew Leggatt in his forthcoming Review of Tribunals.
(2) As regards the matters set out in paragraph 16.7(2) (that is to hear appeals by a person who is aggrieved by a decision of the registrar with respect to entry into, or termination of, a network access agreement), it is a right of appeal on a point of law only.[67] This is because it is a second appeal, and it is not considered to be appropriate to permit unlimited rights to make a second appeal.
THE ROLE OF THE COURT
16.24 It will be apparent from what has been said in this Part that-
(1) the county court alone may hear appeals by a person aggrieved by an order of the registrar requiring the production of a document or to pay costs;[68]
(2) any other decision of the registrar may only be challenged in proceedings in the High Court for judicial review;[69] and
(3) the High Court alone may hear an appeal from the decision of the Adjudicator, whether on an issue of fact or law. [70]
16.25 However, in addition to these matters, the Bill makes a number of specific references to the powers of "the court" which, for the purposes of the Bill, means either the High Court or the county court.[71] What links these provisions is that they confer jurisdiction on "the court" in relation to the particular matter.[72]
OFFENCES
The present law
16.26 The Land Registration Act 1925 creates three offences. These are concerned with-
(1) the suppression of documents and facts relating to title in proceedings before the registrar or the court;[73]
(2) the fraudulent procurement of changes to the register or to any land or charge certificate;[74] and
(3) the refusal by a witness to attend before the registrar in obedience to a summons, produce documents or answer a question put to him or her on oath.[75]
(1) a requirement of the registrar that a person should produce a document;[76]
(2) a requirement of the Adjudicator that a person should attend hearings to-
(a) give evidence; or(b) produce documents.[77]
Non-compliance can, therefore, be dealt with by a court as contempt.
The offences under the Bill
Suppression of information
16.28 The first new offence[78] is committed where, in the course of proceedings relating to registration under the Bill, a person suppresses information. "Proceedings" is to be widely understood. For example, it includes not only proceedings of a judicial character before the Adjudicator, but any procedure in connection with an application to the registrar under the Bill. To be guilty of the offence, the person must act with the intention of either concealing a person's right or claim or substantiating a false claim.[79] The offence may be tried on indictment or summarily.[80] In accordance with the Law Commission's normal practice, the Bill does not specify the maximum period of imprisonment, which is a matter for consultation with the Home Office. Any fine will be unlimited on indictment and will not exceed the statutory maximum on summary conviction.[81]
Improper alteration of the registers
16.29 The second and third of the new offences[82] are both concerned with improper alterations to the register. These offences may acquire added significance in the move to electronic conveyancing. This is because, as we have explained, persons other than the registrar will be given authority to change the register.[83] There is, therefore, a greater risk that an improper alteration could be made. The two offences are as follows.
DISHONESTLY INDUCING ANOTHER TO CHANGE OR AUTHORISE A CHANGE TO THE REGISTER
16.30 The second of the new offences is committed where a person dishonestly induces another-
(1) to change the register of title or the cautions register; or
(2) to authorise the making of such a change.[84]
For these purposes, a change to the register includes a change to a document referred to on it.[85]
16.31 The offence in paragraph 16.30(1) is, in essence, a re-enactment of the offence summarised in paragraph 16.26(2) above.[86] It would cover the case (for example) where a person deliberately makes a false statement in an application for registration. As regards the offence in paragraph 16.30(2), we have explained above that, under the system of electronic conveyancing that the Bill is intended to create, those who enter into network access agreements may be authorised to change the register.[87] However, any changes to the register will have to be approved in advance by the registrar.[88] The offence in paragraph 16.30(2) will therefore cover the case of a party to a network access agreement who dishonestly induces the Registry to agree to a particular change in the register that he or she then makes. The position in relation to penalties is as set out above in paragraph 16.28.
INTENTIONALLY OR RECKLESSLY MAKING AN UNAUTHORISED CHANGE IN A REGISTER
16.32 The third of the new offences is committed where a person intentionally or recklessly makes an unauthorised change in the register of title or the cautions register.[89] This offence does in fact cover two distinct situations.
(1) Where a person who is not authorised to change the register does so, knowing that he or she is not authorised to do so, or reckless as to that fact.
(2) Where a person who has authority to make a particular change to the register intentionally or recklessly makes some other change that he or she is not authorised to make.
Once again, for the purposes of this provision, a change to the register includes a change to a document referred to on it.[90] The position in relation to penalties is as set out above in paragraph 16.28.
Privilege against self-incrimination
16.33 Clause 122(1) of the Bill replicates the effect of section 119(2) of the Land Registration Act 1925. It provides that the privilege against self-incrimination, so far as relating to offences under the Bill, does not entitle a person to refuse to answer any question or produce any document or thing in any legal proceedings other than criminal proceedings. However, no evidence so obtained is admissible in any criminal proceedings under the Bill against either the person from whom it was obtained or his or her spouse.[91] This particular approach is now a familiar one having been adopted in a number of statutes.[92]
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Note 1 See below, para 16.6. [Back] Note 2 Cf Article 6.1 of the European Convention on Human Rights, which provides, so far as presently material, that “In the determination of his civil rights and obligations… everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”. [Back] Note 3 Cl 105(2). Under Courts and Legal Services Act 1990, s 71(3)(c), a person has a “general qualification” if “he has a right of audience in relation to any class of proceedings in any part of the Supreme Court, or all proceedings in county courts or magistrates’ courts”. [Back] Note 4 Schedule 9, paras 1, 2. [Back] Note 5 Schedule 9, para 9. [Back] Note 6 Schedule 9, para 3. [Back] Note 7 Schedule 9, para 4(1). [Back] Note 8 Schedule 9, para 4(2). For the meaning of a 10 year general qualification, see above, para 16.3. [Back] Note 9 Schedule 9, para 5. Such regulations must be made by statutory instrument to be laid before Parliament only: Cl 125(3). [Back] Note 10 Schedule 9, para 8. [Back] Note 11 Such as the obligation to give reasons for his decision if requested, as required by s 10 of that Act, which in practice the Solicitor already does. [Back] Note 12 Schedule 9, para 6. [Back] Note 13 Schedule 9, para 7. [Back] Note 14 See above, para 9.76. [Back] Note 15 See Cl 129(3)(c). The right to object is subject to rules: see Cl 73(4). Such rules are land registration rules to be laid before Parliament only: Cl 125(3), 129(1). [Back] Note 16 This principle is presently found in rules: see Land Registration Rules 1925, r 298(1). Although that rule was only substituted in 2000, it does no more than reflect what has in fact been the practice for many years. [Back] Note 17 Cl 73(2); see above, para 3.63. [Back] Note 18 Cl 73(3); see above, para 6.30. [Back] Note 20 There is a power to make provision about such references by rules: Cl 73(8). Such rules are land registration rules to be laid before Parliament only: Cl 125(3), 129(1). [Back] Note 21 Cl 77(1)(c). Cf above, paras 3.57, 6.28, 6.55. [Back] Note 24 Cl 106(1)(b). See above, para 13. [Back] Note 25 For challenges to decisions of the registrar, see below, para 16.14. [Back] Note 26 See Cl 108(4); above, para 14.41 (giving effect to an equity by estoppel on a squatter’s application to be registered as proprietor). [Back] Note 29 As we have explained, it is anticipated that it will become possible to transfer electronically certain interests in registered land that do not have their own titles, such as options and equitable charges, and to complete those transfers by an entry in the register: see Cl 93(1)(b), above, paras 13.80-13.83. The registrar would be able to rectify or set aside such documents in electronic form under this power. [Back] Note 31 Earl of Malmsbury v Countess of Malmsbury (1862) 31 Beav 407, 418; 54 ER 1196, 1200. [Back] Note 32 Craddock Bros v Hunt [1923] 2 Ch 136, 151. See also Re Slocock’s Will Trusts [1979] 1 All ER 358, 363. [Back] Note 33 See above, para 16.6. [Back] Note 34 See Schedule 4, para 5(b); above, para 10.19. [Back] Note 35 For the analogous powers under the present legislation, see Land Registration Act 1925, s 128. [Back] Note 36 Cl 75(2). Such rules are to be made by the Lord Chancellor: Cl 112 and are to be made by statutory instrument that is to be laid before Parliament only: Cl 125(3). Such rules -like all the rules made under powers conferred in Part 11 of the Bill -are not land registration rules: Cl 129(1). They will not be made with the advice and assistance of the Rule Committee under Cl 124. See below, paras 17.6—17.8. [Back] Note 39 Cl 76(2). Such rules are to be made by the Lord Chancellor: Cl 112 and are to be made by statutory instrument that is to be laid before Parliament only: Cl 125(3). [Back] Note 41 Cl 76(3). This is, in effect, the equivalent of a “wasted costs order”. Cf Supreme Court Act 1981, s 51(6); CPR r 48.7. [Back] Note 42 Cls 75(3), 76(4). [Back] Note 43 Cls 75(4), 76(5). [Back] Note 44 An example would be where there was a challenge to the registrar’s decision to enter (or not to enter) a restriction under Cl 42. Cf above, paras 6.40-6.46. [Back] Note 45 See above, paras 16.6-16.7. [Back] Note 46 See above, para 16.8. [Back] Note 47 Although the Bill makes express provision for hearings (see below, para 16.16), there is no necessity for the Adjudicator to hold a hearing unless one or both of the parties wish to have one. This is the case now in relation to a determination by the registrar. [Back] Note 49 Cl 107. For the present rules governing hearings before the registrar, see Land Registration Rules 1925; r 299; Land Registration (Hearings Procedure) Rules 2000. [Back] Note 50 Cl 107(1). This is the present rule in hearings before the registrar: see Land Registration (Hearings Procedure) Rules 2000, r 15. [Back] Note 51 Cl 107(2). Such rules are to be made by the Lord Chancellor: Cl 112 and are to be made by statutory instrument that is to be laid before Parliament only: Cl 125(3). [Back] Note 52 Cl 107(3). Most of the matters listed in that sub-clause are all ones that are presently covered by Land Registration (Hearings Procedure) Rules 2000 in relation to hearings before the registrar. It is likely that any rules that are made will also take account of the Council of Tribunals Model Rules of Procedure. [Back] Note 53 Once again, this is the equivalent of a “wasted costs order”. Cf above, para 16.12(2). [Back] Note 54 See above, para 16.6. [Back] Note 55 Cl 108(3). The rules are to be made by the Lord Chancellor by statutory instrument that is to be laid before Parliament only: Cls 112, 125(3). [Back] Note 57 Cl 111. The power is exercisable by statutory instrument: see Cl 125(2). [Back] Note 58 Above, paras 16.6, 16.7. [Back] Note 59 For the meaning of “the court”, see Cl 129(3)(a); below, para 16.25. [Back] Note 60 Cl 108(1). Cf Land Registration Rules 1925, r 299(3) (which confers an equivalent power on the registrar). [Back] Note 61 See Cl 77; above paras 3.59, 6.28, 6.55, 16.6. Another example might be where a person has entered a restriction to prevent a transfer from executors to a devisee under a will, the executors challenge that application under Cl 45 (above, para 6.56 ), and the applicant alleges that the will should be set aside because it was induced by undue influence. The Adjudicator has no power to set aside a will and so the matter must be referred to the court. [Back] Note 62 Cl 108(2). The rules are to be made by the Lord Chancellor by statutory instrument that is to be laid before Parliament only: Cls 112, 125(3). [Back] Note 63 If, for example, the Adjudicator directed that a point of law raised by the application be determined by the court, the matter before him could be adjourned pending that application, he could then make his determination and direct what was required to be done. [Back] Note 64 Cf Land Registration Rules 1925, r 299(4) (which is the equivalent provision at present in relation to a direction by the registrar). [Back] Note 65 Cl 109(1). For one specific power relating to appeals from the Adjudicator in adverse possession cases, see Cl 109(3); above, para 14.41. [Back] Note 66 Cf Tribunals and Inquiries Act 1992, s 11, which confers a right to appeal merely on a point of law (and not on a point of fact) from certain tribunals. [Back] Note 68 Cls 75(4), 76(5); above, para 16.13. [Back] Note 69 See above, para 16.14. [Back] Note 70 Cl 109(1); above, para 16.23. [Back] Note 71 Cl 129(3)(a). Where a provision of the Bill which does not confer jurisdiction is concerned, the Bill refers to “a court”, rather than “the court”, see, eg, Cl 97(5) (circumstances in which a court must order the registrar to register a squatter as proprietor, above, para 14.87) and Schedule 12, para 18(3) (transitional provisions about adverse possession). [Back] Note 72 They include Cl 20 (alteration of the register of cautions; above, para 3.66); Cl 40(3)(c) (restriction to prohibit entry until the making of an order by the court; above, para 6.36); Cl 45(3)(c) (certain applications for restrictions not notifiable; above, para 6.56.); Cl 46 (power of the court to order the entry of a restriction; above, para 6.51); Cl 108(1) (power for the Adjudicator to direct proceedings; above, para 16.20); Cl 108(4) (power of the Adjudicator in giving effect to an equity; above, para 14.41); Cl 110 (enforceability of any requirement of the Adjudicator; above, para 16.15); Schedule 4, para 2(1) (alteration of the register; above, para 10. 10); Schedule 8, para 7(1) (determination of indemnity, above, para 10.50). [Back] Note 73 Land Registration Act 1925, s 115. For the punishment, seeibid, s 117. [Back] Note 74 Ibid, s 116. For the punishment, seeibid, s 117. [Back] Note 75 Ibid, s 128(3). [Back] Note 76 Cl 75; above, paras 16.12, 16.13. [Back] Note 77 Cls 107(3)(b), 110; above, paras 16.15, 16.17. [Back] Note 78 Which replaces the offence under Land Registration Act 1925, s 115; above, para 16.26(1). [Back] Note 81 Ibid. For the maximum fine that can be imposed on summary conviction, see Magistrates’ Courts Act 1980, s 32(2), (9). [Back] Note 82 Which replace the offence under Land Registration Act 1925, s 116; above, para 16.26(2). [Back] Note 83 See above, paras 2.51 and following, and below, paras 13.36 and following. [Back] Note 86 See Land Registration Act 1925, s 116. [Back] Note 87 See above, paras 13.36 and following. [Back] Note 88 See above, paras 2.53 and 2.55. [Back] Note 92 See, eg, Theft Act 1968, s 31; Civil Evidence Act 1968, s 16; Supreme Court Act 1981, s 72. [Back]
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