PART I

Citation and commencement

1. These rules may be cited as the Land Registration (Official Searches) Rules 1993 and shall come into force on 28th March 1994.

Interpretation

2.-(1) In these rules, unless the context otherwise requires: "the Act" means the Land Registration Act 1925;

"credit account" means an account authorised by the registrar under article 15(1) of the Land Registration Fees Order 1993(2);

"day" except in rule 14(1)(e), means a day when the Land Registry is open to the public;

"day list" means the record kept pursuant to rule 7A of the principal rules;

"designated plan" means a plan which is a copy or extract from the Ordnance Map at the largest scale published for the area in which the land to which it relates is situated, such plan to have a length no greater than 297 mm and a width no greater than 210 mm (A4 paper size);

"official certificate of search" means a result of official search issued in accordance with rule 4 or 10;

"pending first registration application" means an application made under section 4 or 8 of the Act and entered on the day list but where the registration has not yet been completed;

"the principal rules" means the Land Registration Rules 1925(3);

"priority period" means the period beginning at the time when an application for an official search is deemed by virtue of paragraph (3) below to have been delivered and ending immediately after 0930 hours on the thirtieth day thereafter;

"proper office" means the district land registry designated as the proper office by article 2(2) of the Land Registration (District Registries) Order 1991(4);

"purchaser" means any person (including a lessee or chargee) who in good faith and for valuable consideration acquires or intends to acquire a legal estate in land and "purchase" has a corresponding meaning;

"search from date" means:

(2) In these rules a form referred to by number means the form so numbered in Schedule 1.

(3) (a) An application for an official search with priority made by a purchaser which is delivered under the provisions of rule 3(3)(a) or rule 3(3)(b)(ii) after 0930 hours on one day and before or at 0930 hours on the next day shall be deemed to have been delivered immediately before 0930 hours on the second day.

(b)An application for an official search with priority made by a purchaser which is delivered under the provisions of rule 3(3)(b)(i) or rule 3(3)(b)(iii) shall be deemed to have been delivered at the time notice of it is entered on the day list.

(4) Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.

PART IIOFFICIAL SEARCHES WITH PRIORITY

Application for official search with priority by purchaser

3.-(1) A purchaser may apply for an official search with priority of the register of the title to the land to which the purchase relates.

(2) Where land is subject to a pending first registration application a purchaser of such land may apply for an official search with priority in relation to that pending first registration application.

(3) An application for an official search with priority shall be made:

(a)by delivering in documentary form at the proper office an application on Form 94A or Form 94B, as appropriate; or

(b)during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication, other than that referred to in sub-paragraph (a) and;

(i)where the application is made by telephone or orally the purchaser shall provide, in such order as may be requested, such of the particulars as are appropriate and are required for an application for an official search with priority in Form 94A or Form 94B;

(ii)where the application is made by facsimile transmission the purchaser shall provide Form 94A or Form 94B, as appropriate, together with, where the application is in Form 94B (and the plot number or numbers of any relevant approved estate plan are not quoted), a designated plan of the land in respect of which the official search is to be made; and

(iii)in any other case the purchaser shall provide, in such order as may be required by that notice, such of the particulars as are appropriate and are required for an application for an official search with priority in Form 94A or Form 94B.

(4) Where the application is made on Form 94B under paragraph (3)(a), unless the registrar otherwise allows:

(a)Form 94B and any plan accompanying the application, shall be delivered in duplicate;

(b)the application shall be accompanied by Form 94B (Result) in duplicate.

(5) Where the application is made under paragraph (3)(b)(ii) in Form 94B, the purchaser shall provide, unless the registrar otherwise allows, Form 94B (Result).

Entry of application on day list and issue of official certificate of search with priority

4.-(1) If an application for an official search with priority is in order, notice of it shall be entered on the day list and upon completion of the official search with priority an official certificate of search shall be issued giving the result of the search as at the time and day it is deemed to have been delivered.

(2) An official certificate of search with priority of a register or in relation to a pending first registration application may, at the registrar's discretion, be issued in one, or more than one, of the following ways:

(a)in the form set out under the heading "Official Certificate of Result of Search" in Form 94B (Result);

(b)in documentary form;

(c)during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).

(3) Subject to paragraphs (4) and (5), an official certificate of search issued under paragraph (2) shall include such information specified in Part I or Part II of Schedule 2 as the case may require and may be issued by reference to an office copy of the register.

(4) Where the official certificate of search is issued in Form 94B (Result) or in documentary form, under paragraph (2), together with the relevant application form, or a copy of that application form, it need not include any of the information referred to in paragraph (3) which appears on that application form.

(5) Where an official certificate of search is issued under paragraph (2)(c) and another official certificate of search is to be, or has been, issued under paragraph (2)(b) in respect of the same application, it need only include the information specified at A, F, G, and H, of Part I or A, H, and I of Part II of Schedule 2 as the case may require.

Inspection of applications for official searches with priority and official certificates of search with priority

5. During the priority period details in a visible and legible form:

(a)of the application for official search with priority; and

(b)of the official certificate of search with priority;

shall be made available for inspection by any person.

Priority of applications protected by an official search with priority of a register

6. Where a purchaser has applied for an official search with priority of a register, any entry which is made in that register during the priority period relating to that search shall be postponed to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent on a prior dealing, to a subsequent application to register the instrument effecting that dealing, provided each such subsequent application:

(a)is deemed to have been delivered at the proper office within the priority period;

(b)affects the same land or charge as the postponed entry; and

(c)is in due course completed by registration.

Priority of applications protected by an official search with priority relating to a pending first registration application

7.-(1) Paragraph (2) has effect where, with respect to a purchase of land which is subject to a pending first registration application:

(a)the purchaser has applied for an official search with priority in relation to the pending first registration application; and

(b)the pending first registration application is subsequently completed by registration of all or any part of the land comprised in that purchase.

(2) Any entry made in the register of title to the land pursuant to an application delivered or otherwise made during the priority period of the official search shall be postponed to any entry made pursuant to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent upon a prior dealing, a subsequent application to register the instrument effecting that dealing, provided each such subsequent application:

(a)is deemed to have been delivered at the proper office within the priority period;

(b)affects the same land or charge as the postponed entry; and

(c)is in due course completed by registration.

Priority of concurrent applications for official searches with priority and concurrent official certificates of searches with priority

8.-(1) Where two or more official certificates of search with priority relating to the same land or the same charge have been issued and are in operation pursuant to these rules, such certificates shall, as far as relates to the priority thereby conferred, take effect, unless the applicants otherwise agree, in the order in which the applications for official search with priority were deemed to have been delivered.

(2) Where two or more applications for official search with priority relating to the same land or the same charge are deemed to have been delivered at the same time the official certificates of search with priority shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.

(3) Where one transaction is dependent upon another the registrar may for the purposes of this rule assume (unless or until the contrary appears) that applicants for search with priority have agreed that their applications shall have priority as between each other so as to give effect to the sequence of the instruments effecting their transactions.

(4) Where an official search with priority has been made in respect of a particular registered title and an application relating to that title is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of the delivery of the application shall be deemed to be within that priority period.

(5) Where an official search with priority has been made in respect of a particular pending first registration application and a subsequent application relating to any land which is subject to the pending first registration application, or was so subject before completion of the registration of that land, is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of delivery of that subsequent application shall be deemed to be within that priority period.

PART IIIOFFICIAL SEARCH WITHOUT PRIORITY

Application for official search without priority

9.-(1) A person (not being a purchaser requiring an official search with priority under Part II of these rules) may apply for an official search without priority of a register.

(2) An application for an official search without priority may be made:

(a)by delivering in documentary form at the proper office an application on Form 94C; or

(b)during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication, other than that referred to in sub-paragraph (a) and:

(i)where the application is made by telephone or orally the applicant shall provide, in such order as may be requested, such of the particulars as are appropriate and are required by Form 94C;

(ii)where the application is made by facsimile transmission the applicant shall provide Form 94C and if the application is in respect of part of the land in a registered title and the plot number or numbers of any relevant approved estate plan are not quoted, the applicant shall also provide a designated plan of the land in respect of which the official search is to be made; and

(iii)in any other case the applicant shall provide, in such order as shall be required by that notice, such of the particulars as are appropriate and are required by Form 94C.

(3) Where the application is made under paragraph (2)(a), unless the registrar otherwise allows-

(a)Form 94C and any plan accompanying the application, shall be delivered in duplicate;

(b)the application shall be accompanied by Form 94C (Result) in duplicate.

(4) Where the application is made under paragraph (2)(b)(ii), the applicant shall provide, unless the registrar otherwise allows, Form 94C (Result).

Issue of official certificate of search without priority

10.-(1) On completion of the official search without priority an official certificate of search without priority shall be issued and such certificate shall not confer on the applicant priority for the registration of any dealing.

(2) An official certificate of search without priority may, at the registrar's discretion, be issued in one, or more than one, of the following ways:

(a)in the form set out under the heading "Official Certificate of Result of Search" in Form 94C (Result);

(b)in documentary form;

(c)during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).

(3) Subject to paragraphs (4) and (5), an official certificate of search without priority issued under paragraph (2) shall include the information specified in Part I of Schedule 2 and may be issued by reference to an office copy of the register.

(4) Where the official certificate of search is issued in Form 94C (Result) or in documentary form, under paragraph (2), together with the relevant application form, or a copy of that application form, it need not include any of the information referred to in paragraph (3) which appears on that application form.

(5) Where an official certificate of search is issued under paragraph (2)(c) and another official certificate of search is to be, or has been, issued under paragraph (2)(b) in respect of the same application, it need only include the information specified at A, F, G, and H, of Part I of Schedule 2.

PART IVREQUEST FOR INFORMATION AND SEARCHES WITHOUT PRIORITY

Information requested by applicant making a telephone or oral application under rule 3(3)(b)(i) or rule 9(2)(b)(i) or an application by remote terminal under rule 3(3)(b)(iii) or rule 9(2)(b)(iii)

11.-(1) If so requested by an applicant who is making a telephone or oral application under rule 3(3)(b)(i) or rule 9(2)(b)(i), the registrar may at his discretion, before the official search has been completed in respect of such application, give to the applicant, by telephone or orally, details of:

(a)in the case of an application for a search of the whole of, or part of, the land in a registered title:

(i)any relevant adverse entry that has been made in the register since the search from date given in the application; and

(ii)any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 4 of the Land Registration (Official Searches) Rules 1990(6) or rule 4 of these rules; and

(b)in the case of an application for a search of the whole of, or part of, the land subject to a pending first registration application, any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules (and entered on the day list subsequent to the date upon which the pending first registration was deemed to be delivered), rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules affecting the pending first registration application.

(2) If so requested by an applicant who is making an application to the registrar's computer system from a remote terminal under rule 3(3)(b)(iii) or rule 9(2)(b)(iii), the registrar may at his discretion, before the official search has been completed in respect of such application, inform the applicant, by a transmission to the remote terminal, whether or not there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), but the registrar need not provide the applicant with details of any relevant entries.

Search without priority by telephone

12.-(1) During the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, a person may apply to the registrar by telephone for a search without priority of the whole of, or (where the search is in respect of one or more plots on an approved estate plan) part of, the land in a registered title to ascertain whether:

(a)any relevant adverse entry has been made in the register of the title since the search from date given in the application; and

(b)there is any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules affecting the title.

(2) Where an application is made under paragraph (1) the particulars set out in Part I of Schedule 3 shall be supplied in such order as may be required by the notice referred to in paragraph (1).

Result of search without priority by telephone

13.-(1) The result of a search given by telephone pursuant to an application under rule 12 shall include the information set out in Part II of Schedule 3.

(2) A search made pursuant to an application under rule 12 shall not confer upon the applicant priority for the registration of any dealing.

PART V

Notice for the provision of additional arrangements for searches

14.-(1) If the registrar is satisfied that adequate arrangements have been or will be made for dealing with the applications for or results of search specified in paragraph (5) in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make applications under these rules, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:

(a)to one or more of the types of application or result of search mentioned in paragraph (5);

(b)to applications for, or results in respect of, searches of the whole of the land in a registered title or the whole of the land subject to a pending first registration application;

(c)in the case of applications made as mentioned in paragraph (5), to applications made by a person maintaining a credit account;

(d)to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;

(e)to applications made between specified hours and on specified days (which need not be those between or on which the Land Registry is open to the public and may be different for applications of different types);

(f)where an application is made under rule 3(3)(b) or 9(2)(b) or a result is issued under rule 4(2)(c) or 10(2)(c), to delivery of such application or to the issue of such result by one or more means of communication;

(g)where a result is issued under rule 4(2)(c) or rule 10(2)(c), to results of search which state, in the case of an official search of a register, that there are no adverse entries, no pending applications and no official searches which fall within paragraphs F, G or H of Part I of Schedule 2, or, in the case of an official search with priority in relation to a pending first registration application, that there are no pending applications and no official searches which fall within paragraphs H or I of Part II of Schedule 2;

(h)where an application is in respect of part of the land in a registered title, to an application which provides the relevant plot number on the approved estate plan.

(2) Subject to paragraphs (3) and (4), a notice given pursuant to paragraph (1) shall be current from the time specified in that behalf in the notice either:

(a)until the time, if any, specified in that behalf in the notice; or

(b)if no time of ceasing to be current is specified in the notice, indefinitely.

(3) A notice given pursuant to paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.

(4) If and so long as owing to the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications for or results of search covered by a notice given under paragraph (1) such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current notwithstanding the absence of a variation, suspension or withdrawal thereof under paragraph (3).

(5) The applications for or results of search referred to in paragraph (1) are:

(a)an application for an official search with priority made under rule 3(3)(b);

(b)an official certificate of search with priority issued under rule 4(2)(c);

(c)an application for an official search without priority made under rule 9(2)(b);

(d)an official certificate of search without priority issued under rule 10(2)(c);

(e)an application for a search without priority by telephone under rule 12.

(6) Notwithstanding the provisions of rule 3(3)(b), 4(2)(c), 9(2)(b), 10(2)(c) and 12 the registrar may in his discretion refuse to accept an application made, or to issue a result, under any of those provisions in any individual case.

Revocation

15. The Land Registration (Official Searches) Rules 1990 are hereby revoked.

Rules 2, 3, 4, 9 and 10

SCHEDULE 1

Rule 4(3) Rule 10(3)

SCHEDULE 2

PART IINFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF A REGISTER

PART IIINFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH WITH PRIORITY IN RELATION TO A PENDING FIRST REGISTRATION APPLICATION

Rule 12(2) Rule 13(1)

SCHEDULE 3

PART IPARTICULARS TO BE SUPPLIED WHEN A SEARCH IS MADE BY TELEPHONE UNDER RULE 12

PART IIINFORMATION TO BE INCLUDED IN THE RESULT OF A SEARCH MADE BY TELEPHONE UNDER RULE 13

Explanatory Note

(This note is not part of the Rules)

These Rules, which replace the Land Registration (Official Searches) Rules 1990, provide:

(a)that searches with priority delivered by a purchaser, otherwise than in documentary form or by facsimile transmission, are deemed to be delivered at the time notice of them is entered on the day list maintained by the Land Registry under rule 7A of the Land Registration Rules 1925. Official searches with priority received in documentary form or by facsimile transmission after 0930 hours on one day but before or at 0930 hours on the next are, as at present, deemed to be delivered immediately before 0930 hours on the second day;

(b)that the date to be specified in an application for a search in respect of a registered title as the date from which the search is to be made shall be a search from date as defined in rule 2(1);

(c)for revised forms of application for search and result of search as set out in Schedule 1 to the Rules.