Infrastructure Bill (HC Bill 124)

Section 29

SCHEDULE 4 Transfer of responsibility for local land charges to Land Registry

Part 1 Amendments to the Local Land Charges Act 1975

1 5The Local Land Charges Act 1975 is amended as follows.

2 In the italic heading before section 3 for “registers” substitute “register”.

3 For section 3 (registering authorities, local land charges registers, and
indexes) substitute—

“3 The local land charges register

(1) 10The Chief Land Registrar must keep the local land charges register.

(2) The local land charges register is a register of—

(a) each local land charge registered in a local land charges
register for a local authority’s area immediately before this
section first had effect in relation to that area, and

(b) 15each local land charge subsequently registered under section
5 or 6 or another relevant enactment in respect of land which
is wholly or partly within that area.

(3) Subsection (2) is subject to any later variation or cancellation of the
registration of the local land charge.

(4) 20The local land charges register may be kept in electronic form.

(5) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for an area for which
  25there is no district council,

  (c)

  a county council in Wales,

  (d)

  a county borough council,

  (e)

  a London borough council,

  (f)

  the Common Council of the City of London, or

  (g)

  30the Council of the Isles of Scilly;

• “relevant enactment” means a provision which is made by or
  under an Act and which provides for the registration of a
  charge or other matter as a local land charge.

(6) For the purposes of this section the area of the Common Council of
35the City of London includes the Inner Temple and the Middle
Temple.”

4 Omit section 4 (the appropriate local land charges register).

5 (1) Section 5 (registration) is amended as follows.

(2) Omit subsection (1).

(3) For subsections (2) and (3) substitute—

“(2) Subject to subsection (6) below, the originating authority as respects
a local land charge must apply to the Chief Land Registrar for its
registration in the local land charges register; and on the application
5being made the Chief Land Registrar must register the charge
accordingly.

(3) The registration in the local land charges register of a local land
charge, or of any matter which when registered becomes a local land
charge, must be carried out by reference to the land affected.”

(4) 10In subsection (6) for “a local land charges register” substitute “the local land
charges register”.

6 (1) Section 6 (local authority’s right to register a general charge against land in
certain circumstances) is amended as follows.

(2) For subsection (2) substitute—

“(2) 15At any time before the specific charge comes into existence, the Chief
Land Registrar must register a general charge against the land,
without any amount being specified, in the local land charges
register if the originating authority make an application for that
purpose.”

(3) 20In subsection (3) for “5(1) and (2)” substitute “5(2)”.

(4) In subsection (4)—

(a) for “pursuant to an application by the originating authority, they”
substitute “the originating authority”, and

(b) for “registering authority” substitute “Chief Land Registrar”.

7 (1) 25Section 8 (personal searches) is amended as follows.

(2) In subsection (1)—

(a) for “any local land charges register” substitute “the local land
charges register”, and

(b) after “fee” insert “(if any)”.

(3) 30In subsection (1A)—

(a) for “a local land charges register is kept otherwise than in
documentary” substitute “the local land charges register is kept in
electronic”, and

(b) for “registering authority” substitute “Chief Land Registrar”.

(4) 35In subsection (2)—

(a) for “a registering authority” substitute “the Chief Land Registrar”,
and

(b) omit “authority’s”.

8 (1) Section 9 (official searches) is amended as follows.

(2) 40In subsection (1)—

(a) omit “appropriate”, and

(b) for “registering authority” substitute “Chief Land Registrar”.

(3) Omit subsection (2).

(4) For subsections (3) and (3A) substitute—

“(3) The prescribed fee (if any) shall be payable in the prescribed manner
in respect of any requisition made under this section.”

(5) In subsection (4)—

(a) 5for “a registering authority” substitute “the Chief Land Registrar”,

(b) omit “or (3A)”, and

(c) for “the registering authority” substitute “the Chief Land Registrar”.

(6) In consequence of the amendment made by sub-paragraph (5)(b), in
Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 84(3)(b).

9 (1) 10Section 10 (compensation for non-registration or defective official search
certificate) is amended as follows.

(2) In subsection (1)—

(a) omit “appropriate” in each place,

(b) in paragraph (aa) for “in a case where” substitute “if”, and

(c) 15in that paragraph for “otherwise than in documentary” substitute “in
electronic”.

(3) Omit subsection (2).

(4) In subsection (4) for “registering authority in whose area the land affected is
situated” substitute “Chief Land Registrar”.

(5) 20In subsection (5)—

(a) for the words from “a registering authority” to “not the originating
authority” substitute “the Chief Land Registrar”, and

(b) for “the registering authority” in each place substitute “the Chief
Land Registrar”.

(6) 25After that subsection insert—

“(5A) An amount equal to any compensation paid under this section by the
Chief Land Registrar in respect of a local land charge is also
recoverable from the originating authority in a case where the matter
within subsection (1) giving rise to the Chief Land Registrar’s
30liability is a consequence of—

(a) an error made by the originating authority in applying to
register the local land charge, or

(b) an error made by the originating authority in applying for the
registration of the local land charge to be varied or
35cancelled.”

(7) In subsection (6)—

(a) for “a registering authority” substitute “the Chief Land Registrar”,

(b) for “that authority” substitute “the Chief Land Registrar”,

(c) after “(5)” in each place insert “or (5A)”, and

(d) 40for “the registering authority” substitute “the Chief Land Registrar”.

(8) After subsection (6) insert—

“(6A) The Chief Land Registrar may insure against the risk of liability to
pay compensation under this section.”

(9) In subsection (7) for “Limitation Act 1939” substitute “Limitation Act 1980”.

(10) In subsection (9) for “registering authority’s” substitute “Chief Land
Registrar’s”.

10 In section 12 (office copies as evidence) for “any local land charges register”
5substitute “the local land charges register”.

11 In section 13 (protection of solicitors, trustees etc) for “a local land charges
register” substitute “the local land charges register”.

12 (1) Omit section 13A (specification of fees by registering authorities in
England).

(2) 10In consequence of the amendment made by sub-paragraph (1), in Schedule
4 to the Constitutional Reform Act 2005 omit paragraph 83.

13 (1) Section 14 (rules) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “registering authorities” substitute “the Chief
15Land Registrar”,

(b) after paragraph (f) insert—

“(fa) as to the variation without an order of the court of the
registration of a local land charge—

(i) on the application or with the consent of the
20person by whom it is enforceable, or

(ii) of the Chief Land Registrar’s own motion;”,

(c) for paragraph (g) substitute—

“(g) as to the cancellation without an order of the court of
the registration of a local land charge—

(i) 25on its cesser,

(ii) on the application or with the consent of the
person by whom it is or was enforceable, or

(iii) of the Chief Land Registrar’s own motion;”,
and”

(d) 30for paragraph (h) substitute—

“(h) for prescribing the fees to be paid to the Chief Land
Registrar for services relating to local land charges
provided by the Chief Land Registrar.”

(3) In subsection (2)—

(a) 35in paragraph (a) for “any local land charges register” substitute “the
local land charges register”,

(b) after paragraph (a) insert—

“(aa) power to make rules—

(i) prescribing different fees for different services
40or descriptions of service;

(ii) prescribing services or descriptions of service
for which no fees are payable;”, and

(c) for paragraph (b) and the “and” at the end of that paragraph
substitute—

“(b) 45power to make rules about communications for the
purposes of this Act, or any statutory provision by

virtue of which any matter is registrable in the local
land charges register, including rules as to—

(i) the particular means of communication which
may or must be used for such purposes
5(which may include an electronic means of
communication),

(ii) the circumstances in which a particular means
of communication may or must be used
(which may be all circumstances, subject to
10exceptions);

(iii) the form or contents of anything sent using a
particular means of communication;

(ba) power to make rules requiring or enabling anything
which is provided to or by the Chief Land Registrar
15for the purposes of this Act, or any statutory
provision by virtue of which any matter is registrable
in the local land charges register, to be provided in
electronic form;

(bb) power to make rules enabling the Chief Land
20Registrar, or a person providing services to the Chief
Land Registrar, to determine—

(i) any matter within paragraph (b), or

(ii) whether anything of the kind referred to in
paragraph (ba) may or must be provided in
25electronic form; and”.

(4) Sub-paragraphs (5) and (6) apply to the function of the Lord Chancellor
under section 14(1) of the Local Land Charges Act 1975 as amended by this
paragraph so far as it relates to the power to make rules for prescribing fees
and the manner of payment of fees (“the new function”).

(5) 30The new function is to be treated as having been transferred to the Welsh
Ministers by—

(a) the National Assembly for Wales (Transfer of Functions) Order 2004
(S.I. 2004/3044S.I. 2004/3044), and

(b) Schedule 11 to the Government of Wales Act 2006,

35in the same way as the equivalent function of the Lord Chancellor under that
section as it had effect apart from this paragraph (“the old function”).

(6) A provision made by that Order or that Act in respect of the old function
continues to apply to the new function.

14 In section 15(b) (expenses) for “a registering authority” substitute “the Chief
40Land Registrar”.

15 (1) Section 16 (interpretation) is amended as follows.

(2) In subsection (1) omit the definitions of “the appropriate local land charges
register” and “the registering authority”.

(3) In subsection (1A) for “otherwise than in documentary” substitute “in
45electronic”.

16 In section 19(4) (transitional provision) omit the words from “In so far as” to
“so made, but”.

Part 2 Amendments to the Land Registration Act 2002

17 The Land Registration Act 2002 is amended as follows.

18 In section 100 (conduct of business) after subsection (2) insert—

“(2A) 5Subsections (1) and (2) apply to all functions of the registrar, whether
or not conferred by this Act.”

19 In section 106(1) (incidental powers of registrar in relation to companies)
after “Schedule 5,” insert “or under the Local Land Charges Act 1975,”.

20 In paragraph 4 of Schedule 7 (indemnity for members of the land registry in
10relation to functions relating to land registration) after “land registration”
insert “or local land charges”.

Part 3 Amendments to other Acts

Law of Property Act 1925 (c. 20)1925 (c. 20)

21 15In section 198(1) of the Law of Property Act 1925 (registration in local land
charges register to be notice) for “any local land charges register” substitute
“the local land charges register”.

Requisitioned Land and War Works Act 1948 (c. 17)1948 (c. 17)

22 In section 14 of the Requisitioned Land and War Works Act 1948
20(registration of rights as to government oil pipelines)—

(a) in subsections (1) and (4)(b) omit “appropriate”,

(b) in subsection (1) for “authority keeping that register that authority”
substitute “Chief Land Registrar, the Chief Land Registrar”, and

(c) in subsection (4) for “a local land charges register” substitute “the
25local land charges register”.

Cheshire County Council Act 1953 (c. xl)

23 In section 25(3) of the Cheshire County Council Act 1953 (notice preventing
building next to proposed street to be void unless registered as a local land
charge) omit the words from “Provided that” to “local land charge”.

30Land Powers (Defence) Act 1958 (c. 30)1958 (c. 30)

24 The Land Powers (Defence) Act 1958 is amended as follows.

25 In section 12 (extension of provisions of Requisitioned Land and War Works
Acts) in each of subsections (2) and (5) for “appropriate register of local land
charges” substitute “local land charges register”.

26 35In section 17 (registration of wayleave orders and restrictions under section
16)—

(a) in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,

(b) in subsection (2A) for “authority keeping that register” substitute
“Chief Land Registrar”, and

(c) in subsection (3) for “a local land charges register” substitute “the
local land charges register”.

5Rights of Light Act 1959

27 The Rights of Light Act 1959 is amended as follows.

28 (1) Section 2 (registration of notice in lieu of obstruction of access of light) is
amended as follows.

(2) In subsection (1) for “local authority in whose area the dominant building is
10situated” substitute “Chief Land Registrar”.

(3) In subsection (2) omit “be in the prescribed form and shall”.

(4) In subsection (3) after “accompanied by” insert “ a copy of”.

(5) In subsection (4)—

(a) for “a local authority” substitute “the Chief Land Registrar”,

(b) 15for “that authority” substitute “the Chief Land Registrar”,

(c) omit “appropriate”, and

(d) in paragraph (b) for “5(1) and (2)” substitute “5(2)”.

29 In section 3(2)(c) (period for which notice has effect)—

(a) after “expires without” insert “a copy of”, and

(b) 20for “local authority” substitute “Chief Land Registrar”.

30 In section 7(1) (interpretation)—

(a) for the definition of “prescribed” substitute—

• ““prescribed” means prescribed by rules under section
  14 of the Local Land Charges Act 1975;”, and

(b) 25omit the definition of “local authority”.

31 In consequence of the amendment made by paragraph 30(b), in Schedule 1
to the Local Land Charges Act 1975 omit paragraph (c) of the amendments
to the Rights of Light Act 1959.

Leasehold Reform Act 1967 (c. 88)1967 (c. 88)

32 30In section 19(10) of the Leasehold Reform Act 1967 (registration of scheme or
certificate under section 19 in appropriate local land charges register) in the
opening words omit “appropriate”.

Land Compensation Act 1973 (c. 26)1973 (c. 26)

33 In section 52(9) of the Land Compensation Act 1973 (registration of advance
35payment of compensation in appropriate local land charges register) omit
“appropriate”.

Interpretation Act 1978 (c. 30)1978 (c. 30)

34 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)
in the entry containing definitions of “local land charges register” and “the
40appropriate local land charges register”—

(a) for “a register” substitute “the register”, and

(b) omit the words from “and “the appropriate local land charges
register”” to the end of that entry.

Highways Act 1980 (c. 66)1980 (c. 66)

35 5In paragraph 9(a) of Schedule 9 to the Highways Act 1980 (notification of
revocation of improvement line or building line) for the words from “the
council” to “is situated” substitute “the Chief Land Registrar”.

Disused Burial Grounds (Amendment) Act 1981 (c. 18)1981 (c. 18)

36 In section 2(4) of the Disused Burial Grounds (Amendment) Act 1981
10(requirement to deposit copy of order of Secretary of State dispensing with
requirements as to human remains with registering authority) for the words
from “deposited with” to “1975)” substitute “sent to the Chief Land
Registrar,”.

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)1981 (c. 66)

37 15In section 3(4) of the Compulsory Purchase (Vesting Declarations) Act 1981
(registration of preliminary notice) for the words from “registered” to the
end of the subsection substitute “sent to the Chief Land Registrar, and the
notice shall be a local land charge”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)1993 (c. 28)

38 20In section 70(12) of the Leasehold Reform, Housing and Urban Development
Act 1993 (consequence of registration of scheme in appropriate local land
charges register) in the opening words omit “appropriate”.

Local Government (Wales) Act 1994 (c. 19)1994 (c. 19)

39 In Schedule 17 to the Local Government (Wales) Act 1994 (savings and
25transitional provision) omit paragraph 11 (local land charges registers).

Part 4 Transitional provision

Power for Parts 1 and 3 to be applied gradually to local authority areas

40 (1) Parts 1 and 3 of this Schedule have effect in relation to the area of a local
30authority if (and only if)—

(a) the Chief Land Registrar gives notice in writing to the local authority
that, on and after the date specified in the notice, those Parts will
have effect in relation to that area, and

(b) before that date, the notice is publicised in such manner as the Chief
35Land Registrar thinks is likely to bring the arrangements under the
Local Land Charges Act 1975 as amended by Part 1 of this Schedule
to the attention of persons who are likely to want to apply to register
local land charges in, or to search, the register of local land charges
after that Part has effect in relation to that area.

(2) The Chief Land Registrar may withdraw a notice under sub-paragraph (1)
(“the original notice”) by a notice in writing which—

(a) is given before the date specified in the original notice to the
authorities to whom the original notice was given, and

(b) 5is publicised before that date in such manner as the Chief Land
Registrar thinks is likely to bring the withdrawal to the attention of
the persons to whom the original notice was publicised.

(3) If, in accordance with this paragraph, the Chief Land Registrar gives a notice
under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect
10in relation to the area specified in the notice on and after the date specified
in it.

(4) This paragraph does not prevent the making of rules under section 14 of the
Local Land Charges Act 1975 as amended by Part 1 of this Schedule—

(a) in relation to the operation of that Act as amended by that Part, or

(b) 15in relation to the operation of any other statutory provision by virtue
of which any matter is registrable in the local land charges register,

but such rules have effect in relation to the area of a local authority if (and
only if) that Part has effect in relation to that area in accordance with this
paragraph.

20Duty of local authorities to assist Chief Land Registrar

41 A local authority must provide the Chief Land Registrar with such
information or other assistance as the Chief Land Registrar reasonably
requires for the purposes of enabling Part 1 of this Schedule to have effect in
relation to the area of that authority.

25Continuity of functions

42 (1) This paragraph and paragraph 43 apply where Parts 1 and 3 of this Schedule
have effect in relation to the area of a local authority by virtue of paragraph
40.

(2) Anything done or omitted to be done by or in relation to the local authority
30and in relation to the old register which is in force or effective immediately
before the relevant date is to be treated as done or omitted to be done by or
in relation to the Chief Land Registrar and in relation to the new register.

(3) There may be continued by or in relation to the Chief Land Registrar
anything (including legal proceedings) that relates to the old register and is
35in the process of being done by or in relation to the local authority
immediately before the relevant date.

Compensation

43 (1) The amendments in Part 1 of this Schedule to section 10(1) and (2) of the
Local Land Charges Act 1975 (compensation for non-registration or
40defective official search certificate) and to section 16(1) of that Act so far as it
applies to that section do not have effect in relation to a search of the old
register made before the relevant date.

(2) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover
from the local authority an amount equal to any compensation which the

Chief Land Registrar is liable to pay under section 10 of the Local Land
Charges Act 1975 in consequence of—

(a) the authority’s failure before the relevant date to register, or register
correctly, a local land charge in the old register,

(b) 5the authority’s failure before the relevant date to satisfy an
entitlement to search in the old register conferred by section 8 of that
Act as mentioned in subsection (1A) of that section, or

(c) the omission of a local land charge from an official search certificate
issued by the authority before the relevant date.

(3) 10Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover
from the local authority an amount equal to any compensation which the
Chief Land Registrar is liable to pay under section 10 of the Local Land
Charges Act 1975 where—

(a) an act or omission of the Chief Land Registrar gives rise to that
15liability, but

(b) that act or omission is in consequence of a failure by the authority to
provide any information about a charge registered in the old register.

(4) Sub-paragraph (5) applies where—

(a) the Chief Land Registrar’s liability arises as a result of the local
20authority’s failure before the relevant date—

(i) to register, or register correctly, a local land charge in the old
register, or

(ii) to provide any information about a local land charge
registered in the old register to the Chief Land Registrar,

(b) 25the local authority is not the originating authority in relation to the
charge, and

(c) the originating authority—

(i) did not apply for registration of the charge in time for it to be
practicable for the local authority to register it before the
30relevant date, or

(ii) made an error in applying to register the charge, or in
applying for the registration of the charge to be varied or
cancelled.

(5) Where this sub-paragraph applies, the Chief Land Registrar may recover an
35amount equal to the compensation from the originating authority (and may
not recover such an amount from the local authority).

(6) Sub-paragraph (7) applies where compensation for loss under section 10 of
the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the
circumstances described in any of sub-paragraphs (2) to (4).

(7) 40No part of the amount paid, or of any corresponding amount paid to the
Chief Land Registrar by the local authority or originating authority under
any of those sub-paragraphs, is to be recovered by the Chief Land Registrar,
the local authority or originating authority from any other person except as
provided by any of sub-paragraphs (2) to (4) or under a policy of insurance
45or on grounds of fraud.

(8) Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do
not apply where compensation for loss under that section is paid by the
Chief Land Registrar in the circumstances described in any of sub-
paragraphs (2) to (4).