Statutory Instrument 1996 No. 2975
The Land Registration Rules 1996 - continued

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EXPLANATORY NOTE

(This note is not part of the Rules)
    These Rules amend the Land Registration Rules 1925 (the 1925 Rules) so as to:
        (1)  give effect to the Trusts of Land and Appointment of Trustees Act 1996 in relation to registered land by:
      (a) prescribing forms of restriction to be used for protecting the rights of persons beneficially interested in the land or interested in the due administration of a deceased person’s estate;
      (b) providing for the circumstances in which such restrictions are to be used and may be applied for;
      (c) providing, in relation to the restriction which the Registrar is obliged to enter on the register where there are joint proprietors the survivor of whom (not being a trust corporation) cannot give a valid receipt for capital money, for its use on other occasions when registered land is subject to a trust of land;
      (d) permitting persons beneficially interested in registered land which is subject to a trust of land to apply for such restrictions where they have not already been entered on the register in accordance with the 1925 Rules; and
      (e) providing for the evidence to be produced where a power of attorney granted by trustees to a beneficiary under section 9 of that Act is used.

        (2)  Prescribe new statements under sections 37 and 39 of the Charities Act 1993 for use in dispositions to and by charities and a new form of restriction where registered land is vested in the official custodian for charities under section 18 of that Act.

        (3)  Amend the provision for the cancellation of entries on the register which are spent.

        (4)  Provide for the treatment of applications to give effect on the register to the vesting of registered land where no transfer is required to give legal effect to the transaction.

        (5)  Amend the provision dealing with the treatment and form of applications for the registration of restrictions generally, so as to distinguish between:
      (a) applications made by or with the consent of the proprietor;
      (b) applications made by beneficiaries and other persons without such consent.

        (6)  Give the Registrar a discretion to enter an appropriate restriction in certain cases.

        (7)  Prescribe information and documents to be furnished to the Registrar where application is made to register as proprietor:
      (a) a company registered in England and Wales or Scotland under the Companies Acts;
      (b) a corporation or body of trustees holding on charitable, ecclesiastical or public trusts;
      (c) charity trustees incorporated under Part VII of the Charities Act 1993;
      (d) the official custodian for charities;
      (e) other corporations generally.



ISBN 0 11 063437 3


 
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