Land Registration Act 2002 (c. 9)

(The document as of February, 2008)

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(b) a restriction reflecting the limitation under section 171D(2) on subsequent disposal. "

(9) In that Schedule, paragraph 5(3) ceases to have effect.

(10) In that Schedule, in paragraph 6, for sub-paragraph (1) there is substituted--

" (1) The rights of a qualifying person under this Part in relation to the qualifying dwelling house shall not be regarded as falling within Schedule 3 to the Land Registration Act 2002 (and so are liable to be postponed under section 29 of that Act, unless protected by means of a notice in the register). "

(11) In that Schedule, in paragraph 9(2), for "Land Registration Acts 1925 to 1986" there is substituted "Land Registration Act 2002".

(12) In Schedule 17, in paragraph 2(2), for "Land Registration Acts 1925 to 1971" there is substituted "Land Registration Act 2002".

(13) In Schedule 20, in paragraph 17(2), for "Land Registration Acts 1925 to 1986" there is substituted "Land Registration Act 2002".

Building Societies Act 1986 (c. 53)

19 (1) In Schedule 2A to the Building Societies Act 1986, paragraph 1 is amended as follows.

(2) In sub-paragraph (2), for "charge or incumbrance registered under the Land Registration Act 1925" there is substituted "registered charge (within the meaning of the Land Registration Act 2002)".

(3) Sub-paragraph (4) ceases to have effect.

(4) In sub-paragraph (5), the definition of "registered land" and the preceding "and" cease to have effect.

Landlord and Tenant Act 1987 (c. 31)

20 In sections 24(8) and (9), 28(5), 30(6) and 34(9) of the Landlord and Tenant Act 1987, for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

Diplomatic and Consular Premises Act 1987 (c. 46)

21 (1) The Diplomatic and Consular Premises Act 1987 is amended as follows.

(2) In section 5, after the definition of the expression "diplomatic premises" there is inserted--

" "land" includes buildings and other structures, land covered with water and any estate, interest, easement, servitude or right in or over land, " .

(3) In Schedule 1, in paragraph 1--

(a) before the definition of the expression "the registrar" there is inserted--

" "registered land" has the same meaning as in the Land Registration Act 2002; " , and

(b) the words from "and expressions" to the end are omitted.

Criminal Justice Act 1988 (c. 33)

22 (1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 77(12)--

(a) for "Land Registration Act 1925" there is substituted "Land Registration Act 2002", and

(b) in paragraph (a), at the end there is inserted ", except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders".

(3) In section 79(1) and (4), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

Housing Act 1988 (c. 50)

23 (1) The Housing Act 1988 is amended as follows.

(2) In section 81, in subsection (9)(c), for "Land Registration Acts 1925 to 1986" there is substituted "Land Registration Act 2002".

(3) In that section, for subsection (10) there is substituted--

" (10) Where the Chief Land Registrar approves an application for registration of--

(a) a disposition of registered land, or

(b) the approved person's title under a disposition of unregistered land,

and the instrument effecting the disposition contains the statement required by subsection (1) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal. "

(4) In section 90(4), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

(5) In section 133, in subsection (8)--

(a) for the words "conveyance, grant or assignment" there is substituted "transfer or grant",

(b) for the words "section 123 of the Land Registration Act 1925" there is substituted "section 4 of the Land Registration Act 2002", and

(6) In that section, for subsection (9) there is substituted--

" (9) Where the Chief Land Registrar approves an application for registration of--

(a) a disposition of registered land, or

(b) a person's title under a disposition of unregistered land,

and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal. "

Local Government and Housing Act 1989 (c. 42)

24 (1) Section 173 of the Local Government and Housing Act 1989 is amended as follows.

(2) In subsection (8)--

(a) for the words "conveyance, grant or assignment" there is substituted "transfer or grant",

(b) for the words "section 123 of the Land Registration Act 1925" there is substituted "section 4 of the Land Registration Act 2002", and

(3) For subsection (9) there is substituted--

" (9) Where the Chief Land Registrar approves an application for registration of--

(a) a disposition of registered land, or

(b) a person's title under a disposition of unregistered land,

and the instrument effecting the initial transfer contains the statement required by subsection (3) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal. "

Water Resources Act 1991 (c. 57)

25 (1) Section 158 of the Water Resources Act 1991 is amended as follows.

(2) In subsection (5)--

(a) for paragraphs (a) and (b) there is substituted--

" (a) the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 as if it were an interest affecting the registered land;

(b) the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) shall apply as if the agreement were such an interest; " , and

(b) in paragraph (c), for "where notice of the agreement has been so registered," there is substituted "subject to the provisions of those sections,".

(3) In subsection (6), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

Access to Neighbouring Land Act 1992 (c. 23)

26 (1) The Access to Neighbouring Land Act 1992 is amended as follows.

(2) In section 4(1), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

(3) In section 5, in subsection (4)--

(a) in paragraph (b), for "notice or caution under the Land Registration Act 1925" there is substituted "notice under the Land Registration Act 2002", and

(b) for "entry, notice or caution" there is substituted "entry or notice".

(4) In that section, for subsection (5) there is substituted--

" (5) The rights conferred on a person by or under an access order shall not be capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002 (overriding status of interest of person in actual occupation). "

(5) In that section, in subsection (6), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

Further and Higher Education Act 1992 (c. 13)

27 In Schedule 5 to the Further and Higher Education Act 1992, in paragraph 6(1)--

(a) for "Land Registration Acts 1925 to 1986" there is substituted "Land Registration Act 2002", and

(b) for "those Acts" there is substituted "that Act".

Judicial Pensions and Retirement Act 1993 (c. 8)

28 In Schedule 5 to the Judicial Pensions and Retirement Act 1993, there is inserted at the end--

" Adjudicator to Her Majesty's Land Registry "

Charities Act 1993 (c. 10)

29 (1) The Charities Act 1993 is amended as follows.

(2) In section 37, for subsections (7) and (8) there is substituted--

" (7) Where the disposition to be effected by any such instrument as is mentioned in subsection (1)(b) or (5)(b) above will be--

(a) a registrable disposition, or

(b) a disposition which triggers the requirement of registration,

the statement which, by virtue of subsection (1) or (5) above, is to be contained in the instrument shall be in such form as may be prescribed by land registration rules.

(8) Where the registrar approves an application for registration of--

(a) a disposition of registered land, or

(b) a person's title under a disposition of unregistered land,

and the instrument effecting the disposition contains a statement complying with subsections (5) and (7) above, he shall enter in the register a restriction reflecting the limitation under section 36 above on subsequent disposal. "

(3) In that section, in subsection (9)--

(a) for "the restriction to be withdrawn" there is substituted "the removal of the entry", and

(b) for "withdraw the restriction" there is substituted "remove the entry".

(4) In that section, in subsection (11), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

(5) In section 39, in subsection (1), at the end there is inserted "by land registration rules".

(6) In that section, for subsections (1A) and (1B) there is substituted--

" (1A) Where any such mortgage will be one to which section 4(1)(g) of the Land Registration Act 2002 applies--

(a) the statement required by subsection (1) above shall be in such form as may be prescribed by land registration rules; and

(b) if the charity is not an exempt charity, the mortgage shall also contain a statement, in such form as may be prescribed by land registration rules, that the restrictions on disposition imposed by section 36 above apply to the land (subject to subsection (9) of that section).

(1B) Where--

(a) the registrar approves an application for registration of a person's title to land in connection with such a mortgage as is mentioned in subsection (1A) above,

(b) the mortgage contains statements complying with subsections (1) and (1A) above, and

the registrar shall enter in the register a restriction reflecting the limitation under section 36 above on subsequent disposal.

(1C) Section 37(9) above shall apply in relation to any restriction entered under subsection (1B) as it applies in relation to any restriction entered under section 37(8). "

(7) In that section, in subsection (6), for the words from "and subsections" to the end there is substituted "and subsections (1) to (1B) above shall be construed as one with the Land Registration Act 2002".

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

30 (1) The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

(2) In sections 34(10) and 57(11), for the words from "rules" to the end there is substituted "land registration rules under the Land Registration Act 2002".

(3) In section 97, in subsection (1)--

(a) for "an overriding interest within the meaning of the Land Registration Act 1925" there is substituted "capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002", and

(b) for "or caution under the Land Registration Act 1925" there is substituted "under the Land Registration Act 2002".

(4) In that section, in subsection (2), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)

31 (1) The Law of Property (Miscellaneous Provisions) Act 1994 is amended as follows.

(2) In section 6 (cases in which there is no liability under covenants implied by virtue of Part 1 of that Act), at the end there is inserted--

" (4) Moreover, where the disposition is of an interest the title to which is registered under the Land Registration Act 2002, that person is not liable under any of those covenants for anything (not falling within subsection (1) or (2)) which at the time of the disposition was entered in relation to that interest in the register of title under that Act. "

(3) In section 17(3)--

(a) in paragraph (c), for the words from "any" to the end there is substituted "the Adjudicator to Her Majesty's Land Registry", and

(b) for "section 144 of the Land Registration Act 1925" there is substituted "the Land Registration Act 2002".

Drug Trafficking Act 1994 (c. 37)

32 (1) The Drug Trafficking Act 1994 is amended as follows.

(2) In section 26(12)--

(a) for "Land Registration Act 1925" there is substituted "Land Registration Act 2002", and

(b) in paragraph (a), at the end there is inserted ", except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders".

(3) In section 28(1) and (4), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

Landlord and Tenant (Covenants) Act 1995 (c. 30)

33 (1) The Landlord and Tenant (Covenants) Act 1995 is amended as follows.

(2) In sections 3(6) and 15(5)(b), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

(3) In section 20, in subsection (2), for the words from "rules" to the end there is substituted "land registration rules under the Land Registration Act 2002".

(4) In that section, in subsection (6)--

(b) for "or caution under the Land Registration Act 1925" there is substituted "under the Land Registration Act 2002".

Family Law Act 1996 (c. 27)

34 (1) The Family Law Act 1996 is amended as follows.

(2) In section 31(10)--

(a) for "Land Registration Act 1925" there is substituted "Land Registration Act 2002", and

(b) for paragraph (b) there is substituted--

" (b) a spouse's matrimonial home rights are not to be capable of falling within paragraph 2 of Schedule 1 or 3 to that Act. "

(3) In Schedule 4, in paragraph 4(6), for "section 144 of the Land Registration Act 1925" there is substituted "by land registration rules under the Land Registration Act 2002".

Housing Act 1996 (c. 52)

35 In section 13(5) of the Housing Act 1996, for the words from "if" to the end there is substituted "if the first disposal involves registration under the Land Registration Act 2002, the Chief Land Registrar shall enter in the register of title a restriction reflecting the limitation".

Education Act 1996 (c. 56)

36 In Schedule 7 to the Education Act 1996, in paragraph 11--

(a) in sub-paragraph (a), for "Land Registration Acts 1925 to 1986" there is substituted "Land Registration Act 2002", and

(b) in sub-paragraphs (b) and (c), for "those Acts" there is substituted "that Act".

School Standards and Framework Act 1998 (c. 31)

37 In Schedule 22 to the School Standards and Framework Act 1998, in paragraph 9(1)--

(a) in paragraph (a), for "Land Registration Acts 1925 to 1986" there is substituted "Land Registration Act 2002", and

(b) in paragraphs (b) and (c), for "those Acts" there is substituted "that Act".

Terrorism Act 2000 (c. 11)

38 In Schedule 4 to the Terrorism Act 2000, in paragraph 8(1)--

(a) for "Land Registration Act 1925" there is substituted "Land Registration Act 2002", and

(b) in paragraph (a), at the end there is inserted ", except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders".

Finance Act 2000 (c. 17)

39 In section 128 of the Finance Act 2000--

(a) in subsection (2), for the words from "rule" to the end there is substituted "land registration rules under the Land Registration Act 2002", and

(b) in subsection (8)(a), for "Land Registration Act 1925" there is substituted "Land Registration Act 2002".

International Criminal Court Act 2001 (c. 17)

40 In Schedule 6 to the International Criminal Court Act 2001, in paragraph 7(1)--

(a) for "Land Registration Act 1925" there is substituted "Land Registration Act 2002", and

(b) in paragraph (a), at the end there is inserted ", except that no notice may be entered in the register of title under the Land Registration Act 2002 in respect of such orders".

Section 134

SCHEDULE 12 Transition

Existing entries in the register

1 Nothing in the repeals made by this Act affects the validity of any entry in the register.

2 (1) This Act applies to notices entered under the Land Registration Act 1925 (c. 21) as it applies to notices entered in pursuance of an application under section 34(2)(a).

(2) This Act applies to restrictions and inhibitions entered under the Land Registration Act 1925 as it applies to restrictions entered under this Act.

(3) Notwithstanding their repeal by this Act, sections 55 and 56 of the Land Registration Act 1925 shall continue to have effect so far as relating to cautions against dealings lodged under that Act.

(4) Rules may make provision about cautions against dealings entered under the Land Registration Act 1925.

(5) In this paragraph, references to the Land Registration Act 1925 include a reference to any enactment replaced (directly or indirectly) by that Act.

3 An entry in the register which, immediately before the repeal of section 144(1)(xi) of the Land Registration Act 1925, operated by virtue of rule 239 of the Land Registration Rules (S.I. 1925/1093) as a caution under section 54 of that Act shall continue to operate as such a caution.

Existing cautions against first registration

4 Notwithstanding the repeal of section 56(3) of the Land Registration Act 1925, that provision shall continue to have effect in relation to cautions against first registration lodged under that Act, or any enactment replaced (directly or indirectly) by that Act.

Pending applications

5 Notwithstanding the repeal of the Land Registration Act 1925, that Act shall continue to have effect in relation to an application for the entry in the register of a notice, restriction, inhibition or caution against dealings which is pending immediately before the repeal of the provision under which the application is made.

6 Notwithstanding the repeal of section 53 of the Land Registration Act 1925, subsections (1) and (2) of that section shall continue to have effect in relation to an application to lodge a caution against first registration which is pending immediately before the repeal of those provisions.

Former overriding interests

7 For the period of three years beginning with the day on which Schedule 1 comes into force, it has effect with the insertion after paragraph 14 of--

" 15 A right acquired under the Limitation Act 1980 before the coming into force of this Schedule. "

8 Schedule 3 has effect with the insertion after paragraph 2 of--

" 2A (1) An interest which, immediately before the coming into force of this Schedule, was an overriding interest under section 70(1)(g) of the Land Registration Act 1925 by virtue of a person's receipt of rents and profits, except for an interest of a person of whom inquiry was made before the disposition and who failed to disclose the right when he could reasonably have been expected to do so.

(2) Sub-paragraph (1) does not apply to an interest if at any time since the coming into force of this Schedule it has been an interest which, had the Land Registration Act 1925 (c. 21) continued in force, would not have been an overriding interest under section 70(1)(g) of that Act by virtue of a person's receipt of rents and profits. "

9 (1) This paragraph applies to an easement or profit a prendre which was an overriding interest in relation to a registered estate immediately before the coming into force of Schedule 3, but which would not fall within paragraph 3 of that Schedule if created after the coming into force of that Schedule.

(2) In relation to an interest to which this paragraph applies, Schedule 3 has effect as if the interest were not excluded from paragraph 3.

10 For the period of three years beginning with the day on which Schedule 3 comes into force, paragraph 3 of the Schedule has effect with the omission of the exception.

11 For the period of three years beginning with the day on which Schedule 3 comes into force, it has effect with the insertion after paragraph 14 of--

" 15 A right under paragraph 18(1) of Schedule 12. "

12 Paragraph 1 of each of Schedules 1 and 3 shall be taken to include an interest which immediately before the coming into force of the Schedule was an overriding interest under section 70(1)(k) of the Land Registration Act 1925.

13 Paragraph 6 of each of Schedules 1 and 3 shall be taken to include an interest which immediately before the coming into force of the Schedule was an overriding interest under section 70(1)(i) of the Land Registration Act 1925 and whose status as such was preserved by section 19(3) of the Local Land Charges Act 1975 (c. 76) (transitional provision in relation to change in definition of "local land charge").

Cautions against first registration

14 (1) For the period of two years beginning with the day on which section 15 comes into force, it has effect with the following omissions--

(a) in subsection (1), the words "Subject to subsection (3),", and

(b) subsection (3).

(2) Any caution lodged by virtue of sub-paragraph (1) which is in force immediately before the end of the period mentioned in that sub-paragraph shall cease to have effect at the end of that period, except in relation to applications for registration made before the end of that period.

(3) This paragraph does not apply to section 15 as applied by section 81.

15 (1) As applied by section 81, section 15 has effect for the period of ten years beginning with the day on which it comes into force, or such longer period as rules may provide, with the omission of subsection (3)(a)(i).

16 This Act shall apply as if the definition of "caution against first registration" in section 132 included cautions lodged under section 53 of the Land Registration Act 1925 (c. 21).

Applications under section 34 or 43 by cautioners

17 Where a caution under section 54 of the Land Registration Act 1925 is lodged in respect of a person's estate, right, interest or claim, he may only make an application under section 34 or 43 above in respect of that estate, right, interest or claim if he also applies to the registrar for the withdrawal of the caution.

Adverse possession

18 (1) Where a registered estate in land is held in trust for a person by virtue of section 75(1) of the Land Registration Act 1925 immediately before the coming into force of section 97, he is entitled to be registered as the proprietor of the estate.

(2) A person has a defence to any action for the possession of land (in addition to any other defence he may have) if he is entitled under this paragraph to be registered as the proprietor of an estate in the land.

(3) Where in an action for possession of land a court determines that a person is entitled to a defence under this paragraph, the court must order the registrar to register him as the proprietor of the estate in relation to which he is entitled under this paragraph to be registered.

(4) Entitlement under this paragraph shall be disregarded for the purposes of section 131(1).

(5) Rules may make transitional provision for cases where a rentcharge is held in trust under section 75(1) of the Land Registration Act 1925 immediately before the coming into force of section 97.

Indemnities

19 (1) Schedule 8 applies in relation to claims made before the commencement of that Schedule which have not been settled by agreement or finally determined by that time (as well as to claims for indemnity made after the commencement of that Schedule).

(2) But paragraph 3(1) of that Schedule does not apply in relation to costs and expenses incurred in respect of proceedings, negotiations or other matters begun before 27 April 1997.

Implied indemnity covenants on transfers of pre-1996 leases

20 (1) On a disposition of a registered leasehold estate by way of transfer, the following covenants are implied in the instrument effecting the disposition, unless the contrary intention is expressed--

(a) in the case of a transfer of the whole of the land comprised in the registered lease, the covenant in sub-paragraph (2), and

(b) in the case of a transfer of part of the land comprised in the lease--

(i) the covenant in sub-paragraph (3), and

(ii) where the transferor continues to hold land under the lease, the covenant in sub-paragraph (4).

(2) The transferee covenants with the transferor that during the residue of the term granted by the registered lease the transferee and the persons deriving title under him will--

(a) pay the rent reserved by the lease,

(b) comply with the covenants and conditions contained in the lease, and

(c) keep the transferor and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).

(3) The transferee covenants with the transferor that during the residue of the term granted by the registered lease the transferee and the persons deriving title under him will--

(a) where the rent reserved by the lease is apportioned, pay the rent apportioned to the part transferred,

(b) comply with the covenants and conditions contained in the lease so far as affecting the part transferred, and

(c) keep the transferor and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).

(4) The transferor covenants with the transferee that during the residue of the term granted by the registered lease the transferor and the persons deriving title under him will--

(a) where the rent reserved by the lease is apportioned, pay the rent apportioned to the part retained,

(b) comply with the covenants and conditions contained in the lease so far as affecting the part retained, and

(c) keep the transferee and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).

(5) This paragraph does not apply to a lease which is a new tenancy for the purposes of section 1 of the Landlord and Tenant (Covenants) Act 1995 (c. 30).

Section 135

SCHEDULE 13 Repeals

Short title and chapter	Extent of repeal
Land Registry Act 1862 (c. 53).	The whole Act.
Settled Land Act 1925 (c. 18).	Section 119(3).
Law of Property Act 1925 (c. 20).	In section 84(8), the words from ", but" to the end. In section 205(1)(xxii), the words from ", and" to the end.
Land Registration Act 1925 (c. 21).	The whole Act.
Law of Property (Amendment) Act 1926 (c. 11).	Section 5.
Land Registration Act 1936 (c. 26).	The whole Act.
Requisitioned Land and War Works Act 1945 (c. 43).	Section 37(3).
Mental Health Act 1959 (c. 72).	In Schedule 7, the entry relating to the Land Registration Act 1925.
Charities Act 1960 (c. 58).	In Schedule 6, the entry relating to the Land Registration Act 1925.
Civil Evidence Act 1968 (c. 64).	In the Schedule, the entry relating to the Land Registration Act 1925.
Post Office Act 1969 (c. 48).	In Schedule 4, paragraph 27.
Law of Property Act 1969 (c. 59).	Section 28(7).
Land Registration and Land Charges Act 1971 (c. 54).	The whole Act.
Superannuation Act 1972 (c. 11).	In Schedule 6, paragraph 16.
Local Government Act 1972 (c. 70).	In Schedule 29, paragraph 26.
Solicitors Act 1974 (c. 47).	Section 75(b).
Finance Act 1975 (c. 7).	In Schedule 12, paragraph 5.
Local Land Charges Act 1975 (c. 76).	Section 19(3). In Schedule 1, the entry relating to the Land Registration Act 1925.
Endowments and Glebe Measure 1976 (No. 4).	In Schedule 5, paragraph 1.
Administration of Justice Act 1977 (c. 38).	Sections 24 and 26.
Charging Orders Act 1979 (c. 53).	Section 3(3). Section 7(4).
Limitation Act 1980 (c. 58).	In section 17, paragraph (b) and the preceding "and".
Highways Act 1980 (c. 66).	Section 251(5).
Matrimonial Homes and Property Act 1981 (c. 24).	Section 4.
Administration of Justice Act 1982 (c. 53).	Sections 66 and 67 and Schedule 5.
Mental Health Act 1983 (c. 20).	In Schedule 4, paragraph 6.
Capital Transfer Tax Act 1984 (c. 51).	In Schedule 8, paragraph 1.
Administration of Justice Act 1985 (c. 61).	In section 34, in subsection (1), paragraph (b) and the preceding "and" and, in subsection (2), paragraph (b). In Schedule 2, paragraph 37(b).
Insolvency Act 1985 (c. 65).	In Schedule 8, paragraph 5.
Housing Act 1985 (c. 68).	Section 36(3). Section 154(1), (6) and (7). Section 156(3). Pages: P.1 \| P.2 \| P.3 \| P.4 \| P.5 \| P.6 \| P.7 \| P.8 \| P.9 -- Back -- Stat	Other