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Make
provision in relation to fees payable in connection with local
land |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Specification
of fees by registering authorities in England |
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(1) |
The Local Land Charges Act
1975 (c. 76) is amended as follows. |
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(2) |
After section 13 insert— |
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“13A Specification
of fees by registering authorities in England |
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(1) |
Each registering authority
in England must specify fees which are to be |
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payable
by persons for services relating to local land charges which are
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provided
to them by the authority. |
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(2) |
This section does not apply
to any fees payable for the making of a |
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personal
search (for which see section 14(1)(h)(i) below). |
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(3) |
Different fees may be specified
for different services or descriptions of |
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(4) |
A registering authority
may provide for there to be services or |
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descriptions
of service in respect of which no fees are to be payable. |
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(5) |
In specifying fees, a registering
authority must secure that, taking one |
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financial
year with another, the income from fees for each service or |
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description
of service, or for each group of services or descriptions of |
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service
that they think appropriate, does not exceed the costs of its
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(6) |
When exercising the duty
under subsection (1) above, a registering |
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authority
must specify the date on or after which the fees specified |
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under
that subsection are to be payable. |
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(7) |
Where
the duty under subsection (1) above is exercised by a registering
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authority,
they must publish details of the fees specified under that |
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subsection
before the date mentioned in subsection (6) above. |
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(8) |
If any fees specified under
subsection (1) above are to be the same |
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immediately
before as immediately after the beginning of a financial |
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year,
a registering authority must publish details of those fees shortly
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before
the beginning of the financial year. |
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(9) |
In specifying fees or publishing
details of fees, a registering authority |
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must
have regard to such guidance as the Lord Chancellor may issue. |
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(a) |
may
also include provision concerning the manner in which |
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(b) |
may
be framed by reference to guidance issued by a person |
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other
than the Lord Chancellor. |
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(11) |
In this section “financial
year” means a period of 12 months beginning |
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(1) |
The Local Land Charges Act
1975 (c. 76) is further amended as follows. |
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(2) |
In section 9 (official searches)
for subsection (3) substitute— |
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“(3) |
In relation to England,
the fee (if any) specified by a registering |
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authority
under section 13A below shall be payable, in such manner as |
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the
authority may specify, in respect of any requisition made under
this |
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section
to that authority. |
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(3A) |
In relation to Wales, the
prescribed fee (if any) shall be payable in the |
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prescribed
manner in respect of any requisition made under this |
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(3) |
In subsection (4) of that
section— |
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(a) |
after “fee” insert
“(if any)”, |
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(b) |
after “(3)” insert
“or (3A)”. |
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(4) |
In section 14 (rules) for
subsection (1)(h) substitute— |
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(i) |
in
relation to England, the fees, if any, to be paid for the |
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making
of any personal search, |
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(ii) |
in
relation to Wales, the fees, if any, to be paid for the |
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filing
of documents with a registering authority, the |
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making
of any entry on a register, the supply of copies |
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of,
or the variation or cancellation of, any such entry, |
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and
the making of any search of a register.” |
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3 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Local Land Charges (Fees) Act 2004. |
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(2) |
Sections 1
and 2
come into force in accordance with provision made by the |
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Lord Chancellor by order. |
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