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”.