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Statutory Instrument 1990 No. 1361

The Land Registration (Official Searches) Rules 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 1361

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration (Official Searches) Rules 1990

Made4th July 1990
Laid before Parliament6th July 1990
Coming into force3rd December 1990

    The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925[1], in exercise of the powers conferred on him by that section and section 112(2) of the said Act, hereby makes the following rules:


PART I
    Citation and commencement
        1.    These rules may be cited as the Land Registration (Official Searches) Rules 1990 and shall come into force on 3rd December 1990.
    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 14(1) of the Land Registration Fee Order 1990[2];

      "day" except in rule 14(1)(d), 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;

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

      "official search" means any search of the register or any search in relation to a pending first registration application made by or under the control of officers of the Land Registry pursuant to an application made in accordance with rule 3 or 9;

      "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 9.30 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 1989[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 means.

        (2)  A form referred to by number means the form so numbered in Schedule 1.

        (3)  An application for an official search with priority made by a purchaser in accordance with rule 3 which is delivered after 9.30 hours on one day and before or at 9.30 hours on the next day shall be deemed to have been delivered immediately before 9.30 hours on the second day.

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


Notes:

[1] 1925 c. 21; sections 112 and 144 were amended by the Land Registration Act 1988 (c. 3).

[2] S.I. 1990/172.

[3] S.R. & O. 1925/1093; relevant amending instruments are S.I. 1978/1601, 1986/1534, 1990/314.

[4] S.I. 1989/1902.

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