Appendix
S.R. 2003/506: memorandum from the Land Registers
of Northern Ireland
Land Registry (Fees) Order (Northern Ireland) 2003
(S.R. 2003/506)
1. The Joint Committee on Statutory Instruments has
requested a memorandum on the following point:
Explain the reasons for the fees increases made
by this instrument with particular reference to the substantial
increases mentioned at paragraphs (b), (c) and (e) of the Explanatory
Note.
2. The Land Registry (Fees) Order (Northern Ireland)
2003 was prepared against the backdrop of increasing costs within
the Registry. Staffing levels have increased and an extensive
computerisation programme is underway which is already improving
the speed and quality of service we provide to our customers.
Customers can now access maps and folios over the Internet and
the expansion of this service will in time allow the Registry
to reduce costs.
3. The increase in the fees payable for first registrations
(b) is necessary because of the high cost of processing these
applications, due in part to the poor quality work submitted to
the Registry. Up to 50% of all first registration applications
are rejected: this considerably increases the cost of processing
the applications as voluminous correspondence can ensue with the
lodging solicitor. Despite the provision of training and guidance
notes by LRNI there remains a lack of knowledge on the part of
the applicants and the solicitors regarding the information required
to enable registration to be effected. Where title to land has
been acquired by adverse possession, cases may be referred to
a Hearing before the Registrar who will determine any dispute.
At present there is no charge for these Hearings.
4. Applications under section 53 of the 1970 Act
(c) require substantial correspondence between the Registry staff
and the applicant again due to the poor quality of the original
submissions. As above, Section 53 applications may be determined
at Hearing before the Registrar and again at present no fee is
payable for this service.
5. During the review of fees it was considered that
the current charges of processing transmissions (e) did not reflect
the costs incurred by the Agency, and that they were therefore
being cross subsidised by other services. The new charges reflect
the current cost of processing the transactions.
22 January 2004
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