SCHEDULES

SCHEDULE 5Transfer of responsibility for local land charges to Land Registry

PART 1Amendments to the Local Land Charges Act 1975

I19

1

Section 10 (compensation for non-registration or defective official search certificate) is amended as follows.

2

In subsection (1)—

a

omit “appropriate” in each place,

b

in paragraph (aa) for “in a case where” substitute “ if ”, and

c

in that paragraph for “otherwise than in documentary” substitute “ in electronic ”.

3

Omit subsection (2).

4

In subsection (4) for “registering authority in whose area the land affected is situated” substitute “ Chief Land Registrar ”.

5

In subsection (5)—

a

for the words from “a registering authority” to “not the originating authority” substitute “ the Chief Land Registrar ”, and

b

for “the registering authority” in each place substitute “ the Chief Land Registrar ”.

6

After that subsection insert—

5A

An amount equal to any compensation paid under this section by the Chief Land Registrar in respect of a local land charge is also recoverable from the originating authority in a case where the matter within subsection (1) giving rise to the Chief Land Registrar's liability is a consequence of—

a

an error made by the originating authority in applying to register the local land charge, or

b

an error made by the originating authority in applying for the registration of the local land charge to be varied or cancelled.

7

In subsection (6)—

a

for “a registering authority” substitute “ the Chief Land Registrar ”,

b

for “that authority” substitute “ the Chief Land Registrar ”,

c

after “(5)” in each place insert “ or (5A) ”, and

d

for “the registering authority” substitute “ the Chief Land Registrar ”.

8

After subsection (6) insert—

6A

The Chief Land Registrar may insure against the risk of liability to pay compensation under this section.

9

In subsection (7) for “Limitation Act 1939” substitute “ Limitation Act 1980 ”.

10

In subsection (9) for “registering authority's” substitute “Chief Land Registrar's”.