Important developments

Statutory Instruments to come into force on 1 October 2009

The Land Registration (Proper Office) Order 2009
The Land Registration (Amendment) Rules 2009
The Commonhold (Land Registration) (Amendment) Rules 2009

The Land Registration (Proper Office) Order 2009 (“the proper office order”) designates particular offices of land registry as the proper office for the receipt of specified descriptions of applications under the Land Registration Act 2002. It replaces the Land Registration (Proper Office) Order 2008. The proper office order was made and laid before Parliament in June 2009.

The Land Registration (Amendment) Rules 2009 (“the amendment rules”) further amend the Land Registration Rules 2003 (“the principal rules”), which make detailed provision for land registration in England and Wales. The amendments:

• make provision concerning the registration of charges by overseas companies,
• provide an additional form of execution by limited liability partnerships, and
• change the references to “registered number in England and Wales” to “registered number in the United Kingdom” in forms and prescribed clauses for leases.

The Commonhold (Land Registration) (Amendment) Rules 2009 (“the commonhold amendment rules”) further amend the Commonhold (Land Registration) Rules 2004 (“the 2004 rules”) so that, with one exception, “articles of association” is substituted for “memorandum and articles of association” and “memorandum or articles of association” where these terms appear in the 2004 rules and the forms prescribed by them.

The amendment rules and the commonhold amendment rules were made and laid before Parliament in July 2009.

A consultation letter in respect of the amendment rules and the commonhold amendment rules was sent to the Law Society and others in May 2009. It was also published on our website. For a report on the responses to the consultation document, please consult the Report on Consultation.

For the proper office order, please consult the Proper office order.

The amendment rules and commonhold amendment rules are available on the Office of Public Sector Information website.

These statutory instruments all come into force on 1 October 2009.