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Statutory Instruments
2022 No. 730
Land Registration, England And Wales
The Land Registration (Amendment) Rules 2022
Made
29th June 2022
Laid before Parliament
30th June 2022
Coming into force in accordance with regulation 1(1)
The Secretary of State makes the following Rules in exercise of the powers conferred by sections 14(a), 25(1), 27(6), 127(1) and 128(1) of, and paragraphs 6(a) and 8 of Schedule 10 to, the Land Registration Act 2002( 1).
In accordance with section 127( 2) of the Land Registration Act 2002, the Secretary of State has received the advice and assistance of the Rule Committee appointed under that section.
Citation, commencement and extent
1.—(1) These Rules may be cited as the Land Registration (Amendment) Rules 2022 and come into force on the day section 3 of the Economic Crime (Transparency and Enforcement) Act 2022( 3) comes into force.
(2) These Rules extend to England and Wales.
Amendment of the Land Registration Rules 2003
2.—(1) Schedule 1 (forms referred to in rules 206, 207A and 210) to the Land Registration Rules 2003( 4) (“ the 2003 Rules”) is amended in accordance with Schedule 1 to these Rules.
(2) Schedule 1A( 5) to the 2003 Rules is amended in accordance with Schedule 2 to these Rules.
Transitional provision
3.—(1) Subject to paragraph (2), a pre-commencement form may continue to be used for the period of 15 months beginning with the day on which these Rules come into force.
(2) Where a person makes an application to the registrar( 6)—
(a) that includes a disposition by an overseas entity;
(b) to register an overseas entity as proprietor of a registered estate in land; or
(c) that falls within both paragraphs (a) and (b),
a pre-commencement form may continue to be used for the period of 15 months beginning with the day on which these Rules come into force provided the person provides the information described in paragraph (3) with the application.
(3) The information described in this paragraph is, for each overseas entity—
(a) the overseas entity ID; or
(b) confirmation that the overseas entity ID is not required.
(4) For the purposes of this rule—
(a) “ pre-commencement form” means a form specified in Schedule 1 to, or the required wording specified in Schedule 1A to, the 2003 Rules, as those Rules were in force immediately before the coming into force of these Rules;
(b) a pre-commencement form is “used”—
(i) in the case where the form makes a registrable disposition within the meaning of section 132 of the Land Registration Act 2002, at the time that the disposition is made;
(ii) in the case that a form is used to make an application to the registrar, at the time the application is delivered to the registrar( 7);
(c) “ overseas entity” has the meaning given in section 2 of the Economic Crime (Transparency and Enforcement) Act 2022;
(d) “ overseas entity ID” means an overseas entity ID allocated in accordance with section 5 of that Act.
Callanan
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy
29th June 2022
Rule 2(1)
SCHEDULE 1 Amendment of forms specified in Schedule 1 to the 2003 Rules
1. In form ADV1, for Panel 6 and the related explanatory information substitute—
“
”.
2. In form AP1, for panel 6 and the related explanatory information substitute—
“
”.
3. In form AS1, for panels 5 and 6 and the related explanatory information substitute—
“
”.
4. In form AS3, for panels 6 and 7 and the related explanatory information substitute—
“
”.
5. In form CH1, for panel 4 and the related explanatory information substitute—
“
”.
6. In form FR1, for panel 6 and the related explanatory information substitute—
“
”.
7. In form TP1, for panels 5 and 6 and the related explanatory information substitute—
“
”.
8. In form TP2, for panels 6 and 7 and the related explanatory information substitute—
“
”.
9. In form TR1, for panels 4 and 5 and the related explanatory information substitute—
“
”.
10. In form TR2, for panels 5 and 6 and the related explanatory information substitute—
“
”.
11. In form TR5, for panels 4 and 5 and the related explanatory information substitute—
“
”.
Rule 2(2)
SCHEDULE 2 Amendment to Required Wording and Explanatory Information in Schedule 1A to the 2003 Rules
1. For clause LR3 substitute—
|
“LR3. Parties to this lease [Give full names and addresses of each of the parties. For UK incorporated companies and limited liability partnerships, also give the registered number including any prefix. For overseas entities, give the following: (a) The territory of incorporation or formation. (b) The overseas entity ID issued by Companies House for the Landlord and/or the Tenant pursuant to the Economic Crime (Transparency and Enforcement) Act 2022. If the ID is not required, you may instead state ‘overseas entity ID not required’. (c) Where the entity is a company with a place of business in the United Kingdom, the registered number, if any, issued by Companies House, including any prefix.] Further details on overseas entities can be found in practice guide 78: overseas entities. |
Landlord Tenant Other parties Specify capacity of each party, for example “management company”, “guarantor”, etc. ” |
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules make necessary amendments to the Land Registration Rules 2003 ( S.I. 2003/1417) (‘the 2003 Rules’) to implement the new requirements for applications to register an overseas entity as proprietor of an estate in land or where an application includes some types of disposition made by an overseas entity. The new requirements are set out in Schedule 4A to the Land Registration Act 2002, which was introduced by Schedule 3 to the Economic Crime (Transparency and Enforcement) Act 2022 (c.10). The requirements are that either the overseas entity is registered in the register of overseas entities (kept by Companies House) or an exemption or exception applies.
Rule 2 amends some of the forms contained in Schedule 1 to the 2003 Rules and the required wording to the prescribed clauses lease in Schedule 1A to the 2003 Rules.
Rule 3 provides that existing forms may be used for a period of fifteen months beginning with the commencement of the Rules provided the overseas entity ID or confirmation that the ID is not required is included with the application.
A full regulatory impact assessment of the effect that the overseas entities register will have on the costs of business and the voluntary sector is available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET and is published with the Explanatory Memorandum to this instrument onwww.legislation.gov.uk.
2002 c. 9. By virtue of article 3(1) of, and paragraph 3 of Schedule 1 to, the Transfer of Functions (Her Majesty’s Land Registry, the Meteorological Office and Ordnance Survey) Order 2011 ( S.I. 2011/2436), the functions of the Lord Chancellor under the Land Registration Act 2002, with three exclusions, were transferred to the Secretary of State. None of the exclusions are relevant. See section 132(1) for the definition of land registration rules.
Section 127 was amended by paragraphs 301 and 302 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4), paragraph 4(1) and (2)(k) of Part 1 of Schedule 2 to the Transfer of Functions (Her Majesty’s Land Registry, the Meteorological Office and the Ordnance Survey) Order 2011 and section 36 of the Infrastructure Act 2015 (c. 7).
S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 1982, 2008/1750, 1919, 2009/1996, 2011/1410, 2018/70and 2020/425.
Schedule 1A was inserted by 2005/1982.
“ Registrar” has the meaning given in the Land Registration Rules 2003, S.I. 2003/1417.
See rules 14 and 15 of the Land Registration Rules 2003.