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Local Land Charges (Fees) Bill


 

Local Land Charges (Fees) Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Constitutional Affairs

with the consent of Mr David Borrow, the Member in charge of the Bill, are published

separately as Bill 78—EN.

 
Bill 78 53/3
 
 

 

Local Land Charges (Fees) Bill

 

 
 

Contents

1   

Specification of fees by registering authorities in England

2   

Further amendments

3   

Short title, commencement and extent

 
Bill 78 53/3
 
 

Local Land Charges (Fees) Bill

1

 

A

Bill

To

Make provision in relation to fees payable in connection with local land

charges. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Specification of fees by registering authorities in England

(1)   

The Local Land Charges Act 1975 (c. 76) is amended as follows.

(2)   

After section 13 insert—

“13A Specification of fees by registering authorities in England

(1)   

Each registering authority in England must specify fees which are to be

5

payable by persons for services relating to local land charges which are

provided to them by the authority.

(2)   

This section does not apply to any fees payable for the making of a

personal search (for which see section 14(1)(h)(i) below).

(3)   

Different fees may be specified for different services or descriptions of

10

service.

(4)   

A registering authority may provide for there to be services or

descriptions of service in respect of which no fees are to be payable.

(5)   

In specifying fees, a registering authority must secure that, taking one

financial year with another, the income from fees for each service or

15

description of service, or for each group of services or descriptions of

service that they think appropriate, does not exceed the costs of its

provision.

(6)   

When exercising the duty under subsection (1) above, a registering

authority must specify the date on or after which the fees specified

20

under that subsection are to be payable.

 
Bill 78 53/3
 
 

Local Land Charges (Fees) Bill

2

 

(7)   

Where the duty under subsection (1) above is exercised by a registering

authority, they must publish details of the fees specified under that

subsection before the date mentioned in subsection (6) above.

(8)   

If any fees specified under subsection (1) above are to be the same

immediately before as immediately after the beginning of a financial

5

year, a registering authority must publish details of those fees shortly

before the beginning of the financial year.

(9)   

In specifying fees or publishing details of fees, a registering authority

must have regard to such guidance as the Lord Chancellor may issue.

(10)   

That guidance—

10

(a)   

may also include provision concerning the manner in which

fees are to be paid, and

(b)   

may be framed by reference to guidance issued by a person

other than the Lord Chancellor.

(11)   

In this section “financial year” means a period of 12 months beginning

15

with 1st April.”

2       

Further amendments

(1)   

The Local Land Charges Act 1975 (c. 76) is further amended as follows.

(2)   

In section 9 (official searches) for subsection (3) substitute—

“(3)   

In relation to England, the fee (if any) specified by a registering

20

authority under section 13A below shall be payable, in such manner as

the authority may specify, in respect of any requisition made under this

section to that authority.

(3A)   

In relation to Wales, the prescribed fee (if any) shall be payable in the

prescribed manner in respect of any requisition made under this

25

section.”

(3)   

In subsection (4) of that section—

(a)   

after “fee” insert “(if any)”,

(b)   

after “(3)” insert “or (3A)”.

(4)   

In section 14 (rules) for subsection (1)(h) substitute—

30

“(h)   

for prescribing—

(i)   

in relation to England, the fees, if any, to be paid for the

making of any personal search,

(ii)   

in relation to Wales, the fees, if any, to be paid for the

filing of documents with a registering authority, the

35

making of any entry on a register, the supply of copies

of, or the variation or cancellation of, any such entry,

and the making of any search of a register.”

3       

Short title, commencement and extent

(1)   

This Act may be cited as the Local Land Charges (Fees) Act 2004.

40

(2)   

Sections 1 and 2 come into force in accordance with provision made by the

Lord Chancellor by order.

 

 

Local Land Charges (Fees) Bill

3

 

(3)   

The power to make an order under subsection (2) is exercisable by statutory

instrument.

(4)   

An order under subsection (2) may include incidental, supplemental,

consequential, saving or transitional provisions.

(5)   

This Act extends to England and Wales only.

5

 
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