Land Registration Bill [HL]
AMENDMENTS
TO BE MOVED
ON REPORT
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 2, line 24, 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)" |
| Page 2, line 29, after "is" insert "only" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 3, line 37, 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" |
| Page 4, line 11, at end insert— |
| | "subject to subsection (3), "transfer" has the same meaning as "convey" in the Law of Property Act 1925;" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 4, line 29, after "consult" insert "the Rule Committee and" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 4, line 33, leave out "must, before" and insert "has until" |
| Page 4, line 33, after "registration" insert "to" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 5, line 26, at beginning insert— |
| "(1) | Subject to subsection (2)," |
| Page 5, line 33, at end insert— |
| "(2) | If the requirement of registration 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)." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 7, line 20, at end insert ", or, as the case may be, the other persons," |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 8, line 6, at end insert ", or, as the case may be, the other persons," |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 9, line 21, 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" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 10, line 11, at end insert— |
| "( ) | For the purposes of subsection (2), consent given for a limited period is to be ignored after the period has expired" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 11, line 20, 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, despite the fact that an owner does not have power to create a mortgage by demise or sub-demise" |
| Page 11, line 30, leave out subsection (3)(c) |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 12, line 3, leave out "and content" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 12, line 12, after "this" insert "or any other" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 12, line 28, at end insert "if the final period of right to possession expires more than fourteen years after the date of the disposition" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 15, line 1, leave out "three" and insert "fourteen" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 15, line 24, at end insert— |
| "( ) | For the purposes of subsection (3)(b) consent may be given for a limited period" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 16, line 2, at end insert— |
| "( ) | An application may be made under subsection (1) in respect of an agreed notice if consent was given under section 34(3)(b) for a limited period and that period has expired" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 16, line 19, at end insert "after giving notice to the person who appears to the registrar to be entitled to the benefit of that interest" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 19, line 12, at end insert "and as justice requires" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 21, line 10, at end insert "relating to the mortgaged property immediately before it was disposed of by, or under a power exercised by, the mortgagee or of which express notice has been given to the mortgagee" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 21, line 12, after "A charge" insert "for value" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 22, line 15, leave out "may" and insert "shall" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 23, line 6, at end insert— |
| "( ) | In the case of a registration made pursuant to an application under paragraph 1 of Schedule 6, subsections (4) and (5) shall apply as if the number of years stated there was two" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 24, line 8, after "document" insert "other than a lease or charge" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 24, line 20, after "document" insert "other than a lease or charge" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 25, line 6, at beginning insert— |
| "(1) | Subject to subsection (2)," |
| Page 25, line 38, at end insert— |
| "(2) | The obligations imposed by subsection (1) 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" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 25, line 40, after "register" insert ", whether or not for value," |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 26, line 32, leave out "the person who lodged the caution to which the application relates, or his personal representative" and insert " a person who can demonstrate that they are entitled to be the benefit of the caution" |
| Page 26, line 35, leave out "the person shown in the register as the beneficiary of the notice to which the application relates" and insert "a person who can demonstrate that they are entitled to the benefit of the notice" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 29, line 14, at end insert— |
| "( ) | For the purposes of subsection 1(b)(i), 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" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 33, line 15, leave out paragraph (c) |
| Page 33, line 25, at end insert ", and, for the purposes of section 7 of the Trustee Delegation Act 1999, the agent is to be treated as the attorney of the principal appointed under a power of attorney" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 53, line 24, leave out sub-sub-paragraph (a) |
| Page 54, line 26, leave out paragraph 6 |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 34, line 21, after "consult" insert "with the Law Society and the Council of Licensed Conveyancers" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Insert the following new clause— |
| | "For the purposes of section 22 of the Solicitors Act 1974, |
| (a) | a document in electronic form is an instrument, and |
| (b) | obtaining access to a network provided under section 92(1) for the purpose of seeking an alteration in the terms of the register or of submitting a document in electronic form is making an application or lodging a document for registration under this Act at the land registry" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 58, line 27, after "5" insert "(2) and 5(3)" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 61, line 35, at end insert— |
| "( ) | the exercise by the court of its powers under Section 46" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 40, line 28, at beginning insert "In addition to the consultation required by section 124( )," |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 66, line 28, leave out paragraph 3 |
| Page 67, line 5, leave out "and content" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 42, line 10, at end insert— |
| "( ) | Before making any order under any provision of this Act, the Lord Chancellor shall consult the Rule Committee." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 42, line 35, leave out from "is" to end of the line and insert "subject to annulment in pursuance of a resolution of either House of Parliament." |
| Page 43, line 1, leave out "is subject to annulment in pursuance of a resolution of either House of Parliament" and insert "may only be made if a draft of the statutory instrument has been laid before and approved by resolution of each House of Parliament." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE LORD BRIDGEMAN |
| Page 43, line 40, leave out from "under" to the end of line 41 and insert "Part 11 or section 119;" |
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