S.C.D.
Amendment Paper as at
Tuesday 11th December 2001
STANDING COMMITTEE D
Mr Michael Wills
That, during proceedings on the Land Registration Bill [Lords], the Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and at half-past Two o'clock.
New Amendments handed in are marked thus *
LAND REGISTRATION BILL [LORDS]
Mr Adrian Sanders
81
*Clause 1, page 1, line 4, at end insert—
'(1A) Subject to subsection 3(1) below, the requirement of registration shall apply to all land held in England and Wales.'.
Mr Adrian Sanders
82
*Clause 3, page 2, line 9, at end insert—
| '(ba) | a leasehold estate in land with a period of more than one year to run from transfer, whether held by the Crown, a public body, a trust or by any other body corporate or personal whether or not domiciled in the United Kingdom.'. |
Mr Adrian Sanders
83
*Clause 3, page 2, line 13, leave out 'may' and insert 'shall'.
Mr Adrian Sanders
84
*Clause 3, page 2, line 18, leave out subsection (3).
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
1
Clause 3, page 2, line 22, at end insert 'and if the final period of right to possession expires more than fourteen years after the date of the application under subsection (2)'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
2
Clause 3, page 2, line 27, after 'is', insert 'only'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
3
Clause 4, page 3, line 8, leave out 'seven' and insert 'fourteen'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
4
Clause 4, page 3, line 14, at end insert ', unless at that date the person to whom the grant is made is the tenant of the whole of the land comprised therein for a term which is not registered (and is not subject to the requirement of registration) and will expire on or after the date on which the estate granted will take effect in possession'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
5
Clause 4, page 3, line 24, leave out 'seven' and insert 'fourteen'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
6
Clause 4, page 3, line 32, at end insert—
'( ) For the purposes of subsection (1)(c), a lease granting a right of possession which is discontinuous creates a term of years absolute of more than fourteen years from the date of the grant if the final right to possession expires more than fourteen years after that date.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
7
Clause 4, page 4, line 2, at end insert 'subject to subsection (3), "transfer" has the same meaning as "convey" in the Law of Property Act 1925 (c. 20);'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
8
Clause 5, page 4, line 20, at end insert 'the Rule Committee and'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
9
Clause 5, page 4, line 21, at end insert—
'( ) An order under subsection (1) which has the effect of applying the requirement of registration to a leasehold estate in land for a term which, at the end of the relevant transfer, grant or creation, has less than five years and one month to run, shall not be made unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
10
Clause 6, page 4, line 24, leave out 'must, before' and insert 'has until'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
11
Clause 6, page 4, line 24, after 'registration', insert 'to'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
12
Clause 8, page 5, line 17, at beginning insert—
'(1) Subject to subsection (2),'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
13
Clause 8, page 5, line 24, at end insert—
(2) If the requirement of registration is applied because of section 4(1)(g) and the mortgagee applied for the registration of the estate, or undertook to do so, with or without the consent of the mortgagor, the mortgagee is liable as set out in subsection (1).'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
14
Clause 8, page 5, line 24, at end insert—
'( ) For the purposes of section 12A of the Stamp Act 1891 (c. 39), an instrument to which section 7(1) applies shall be treated as having been accidentally spoiled.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
15
Clause 11, page 7, line 12, at end insert ', or, as the case may be, the other persons,'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
16
Clause 12, page 7, line 40, at end insert ', or, as the case may be, the other persons,'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
18
Clause 15, page 9, line 7, leave out 'seven' and insert 'fourteen'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
19
Clause 15, page 9, line 9, at end insert—
'( ) For the purposes of subsection (3)(a), a lease granting a right of possession which is discontinuous creates a leasehold estate in land granted for a term of which more than fourteen years are unexpired if the final right to possession expires in more than fourteen years time.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
20
Clause 18, page 9, line 40, at end insert—
'( ) For the purposes of subsection (2) consent given for a limited period is to be ignored after the period has expired.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
21
Clause 18, page 10, line 2, after 'period', insert '(not being less than seven days)'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
22
Clause 23, page 11, line 9, at end insert—
'( ) A charge by way of legal mortgage created by an owner gives the mortgagee the protection, powers and remedies provided by section 87 of the Law of Property Act 1925 (c. 20), despite the fact that an owner does not have power to create a mortgage by demise or sub-demise.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
23
Clause 23, page 11, line 19, leave out paragraph (c).
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
24
Clause 25, page 11, line 27, leave out 'and content'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
25
Clause 26, page 11, line 36, after 'this', insert 'or any other'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
26
Clause 27, page 12, line 11, leave out 'seven' and insert 'fourteen'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
28
Clause 27, page 12, line 13, at end insert 'if the final period of right to possession expires more than fourteen years after the date of the disposition.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
29
Clause 27, page 12, line 24, at end insert 'or one granted or reserved by an instrument creating a term of years absolute which is not registered or required to be registered'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
30
Clause 27, page 12, line 26, after '1925', insert 'other than one granted or reserved by an instrument creating a term of years absolute which is not registered or required to be registered'.
