NOTICES OF AMENDMENTS
given up to and including
Thursday 7th February 2002
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
LAND REGISTRATION BILL [LORDS], AS AMENDED
NEW CLAUSES
Electronic settlement
Mr Michael Wills
NC1
To move the following Clause:—
'The registrar may take such steps as he thinks fit for the purpose of securing the provision of a system of electronic settlement in relation to transactions involving registration.'.
Incidental powers: companies
Mr Michael Wills
NC2
To move the following Clause:—
(1) If the registrar considers it expedient to do so in connection with his functions under section 69(3)(a), 92(1), [Electronic settlement] or 104(1) or paragraph 10 of Schedule 5, he may—
| (a) | form, or participate in the formation of, a company, or |
| (b) | purchase, or invest in, a company. |
(2) In this section—
"company" means a company within the meaning of the Companies Act 1985;"invest" means invest in any way (whether by acquiring assets, securities or rights or otherwise).
(3) This section is without prejudice to any powers of the registrar exercisable otherwise than by virtue of this section.'.
Mr Michael Wills
1
Page 25, line 10 [Clause 69], at end insert—
'(3) The registrar may—
| (a) | arrange for the provision of information about the history of registered titles, and |
| (b) | authorise anyone who has the function of providing information under paragraph (a) to have access on such terms as the registrar thinks fit to any relevant information kept by him.'. |
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
11
*Page 25, line 32 [Clause 71], at end insert—
'(2) The obligations imposed by subsection (1) above apply only to the extent that the information is within the actual knowledge of the person making the application or that person could reasonably obtain the information.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
9
*Page 33, line 5 [Clause 91], after 'certified', insert—
| '(ca) | each electronic signature was made by, or with the authority of, the person whose signature it purports to be,'. |
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
12
*Page 33, line 13 [Clause 91], leave out subsection (6) and insert—
'(6) A document to which this section applies is to be regarded for the purposes of any enactment as authenticated only if it was sent by the purported originator or with the authority of the purported originator.'.
Mr Michael Wills
2
Page 36, line 27 [Clause 101], after 'section' insert '69(3)(b) or'.
Mr Michael Wills
3
Page 37, line 2 [Clause 104], after 'provide' insert ', or arrange for the provision of,'.
Mr Michael Wills
4
Page 37, line 4 [Clause 104], after 'section' insert 'by the registrar'.
Mr Michael Wills
5
Page 37, line 5 [Clause 104], leave out 'the registrar' and insert 'he'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
10
*Page 42, line 39 [Clause 126], at end insert—
'(4A) Before making any order under any provision of this Act, the Lord Chancellor shall consult the Rule Committee.'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
8
*Page 54, line 16 [Schedule 5], leave out paragraph 6.
Mr Michael Wills
6
Page 55, line 9 [Schedule 5], after 'provide' insert ', or arrange for the provision of,'.
Mr William Cash
Mr Stephen O'Brien
Mr Edward Garnier
Mr Mark Hoban
7
*Page 61, line 23 [Schedule 8], at end insert—
| '(i) | the exercise by the court of its powers under section 46.'. |
