The Adjudicator to Her Majesty's Land Registry (Practice and Procedure) Rules 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/2171 |
| Year | 2003 |
2003 No. 2171
LAND REGISTRATION, ENGLAND AND WALES
The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003
Made 14th August 2003
Laid before Parliament 26th August 2003
Coming into force 13th October 2003
The Lord Chancellor, in exercise of the powers conferred upon him by sections 109(2), 109(3), 110(2), 110(3), 114, 128(1) and 128(2) of the Land Registration Act 20021and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19922, hereby makes the following Rules:—
Citation and Commencement
1. These Rules may be cited as the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 and shall come into force on 13th October 2003.
PART 1
INTRODUCTION
Interpretation
2.—(1) In these Rules—
“applicant” means the party whom the adjudicator designates as such under rule 5 or under rule 24, or the party who makes a rectification application;
“hearing” means a sitting of the adjudicator for the purpose of enabling the adjudicator to reach or announce a substantive decision, but does not include a sitting of the adjudicator solely in the exercise of one or more of the following powers—
(a) to consider an application, representation or objection made in the interim part of the proceedings;
(b) to reach a substantive decision without an oral hearing; or
(c) to consider whether to grant permission to appeal a decision or to stay the implementation of a decision pending the outcome of an appeal;
“matter” means the subject of either a reference or a rectification application;
“office copy” means an official copy of a document held or issued by a public authority;
“original application” means the application originally made to the registrar that resulted in a reference;
“proceedings” means, except in the expression “court proceedings”, the proceedings of the matter before the adjudicator but does not include any negotiations, communications or proceedings that occurred prior to the reference or rectification application;
“record of matters” means a record of references, rectification applications and certain other applications and decisions, kept in accordance with these Rules and in particular in accordance with rule 46;
“rectification application” means an application made to rectify or set aside a document under section 108(2) for determination of the matter by the adjudicator;
“reference” means a reference from the registrar to the adjudicator under section 73(7) for determination of the matter by the adjudicator;
“respondent” means the party or parties who the adjudicator designates as such under rule 5 or rule 24, or the party or parties making an objection to a rectification application;
“substantive decision” means a decision of the adjudicator on the matter or on any substantive issue that arises in it but does not include any direction in interim parts of the proceedings or any order as to costs or any order as to costs thrown away;
“substantive order” means an order or direction that records and gives effect to a substantive decision;
“the Act” means the Land Registration Act 2002 and a reference to a section by number alone is a reference to a section of the Act;
“witness statement” means a written statement signed by a witness containing the evidence that the witness intends to give; and
“working day” means any day other than a Saturday or Sunday, Christmas Day, Good Friday or any other bank holiday.
(2) In these Rules a person has a document or other material in his possession or control if—
(a)
(a) it is in his physical possession;
(b)
(b) he has a right to possession of it; or
(c)
(c) he has a right to inspect or take copies of it.
The overriding objective
3.—(1) The overriding objective of these Rules is to enable the adjudicator to deal with matters justly.
(2) Dealing with a matter justly includes, so far as is practicable—
(a)
(a) ensuring that the parties are on an equal footing;
(b)
(b) saving expense;
(c)
(c) dealing with the matter in ways that are proportionate—
(i) to the value of the land or other interests involved;
(ii) to the importance of the matter;
(iii) to the complexity of the issues in the matter; and
(iv) to the financial position of each party; and
(d)
(d) ensuring that the matter is dealt with expeditiously and fairly.
(3) The adjudicator must seek to give effect to the overriding objective when he—
(a)
(a) exercises any power given to him by these Rules; or
(b)
(b) interprets these Rules.
(4) The parties are required to help the adjudicator to further the overriding objective.
PART 2
REFERENCES TO THE ADJUDICATOR
Scope of this Part
4. The rules in this Part apply to references.
Notice of receipt by the adjudicator of a reference
5. Following receipt by the adjudicator of a reference, the adjudicator must—
(a) enter the particulars of the reference in the record of matters; and
(b) serve on the parties notice in writing of—
(i) the fact that the reference has been received by the adjudicator;
(ii) the date when the adjudicator received the reference;
(iii) the matter number allocated to the reference;
(iv) the name and any known address and address for service of the parties to the proceedings; and
(v) which party will be the applicant for the purposes of the proceedings and which party or parties will be the respondent.
Direction to commence court proceedings under section 110(1)
6. Where the adjudicator intends to direct a party to commence court proceedings under section 110(1), the parties may make representations or objections but any representations or objections must be concerned with one or more of the following—
(a) whether the adjudicator should make such a direction;
(b) which party should be directed to commence court proceedings;
(c) the time within which court proceedings should commence; and
(d) the questions the court should determine.
Notification to the adjudicator of court proceedings following a direction to commence court proceedings under section 110(1)
7.—(1) In this Part—
“the date that the matter before the court is finally disposed of” means the earliest date by which the court proceedings relating to the matter or on the relevant part (including any court proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired;
“the relevant part” means the part of the matter in relation to which the adjudicator has directed a party under section 110(1) to commence court proceedings; and
“the final court order” means the order made by the court that records the court’s final determination (on appeal or otherwise).
(2) A party who has been directed to commence court proceedings under section 110(1) must serve on the adjudicator—
(a)
(a) within 14 days of the commencement of the court proceedings, a written notice stating—
(i) that court proceedings have been issued in accordance with directions given by the adjudicator;
(ii) the date of issue of the court proceedings;
(iii) the names and any known addresses of the parties to the court proceedings;
(iv) the name of the court at which the court proceedings will be heard; and
(v) the case number allocated to the court proceedings;
(b)
(b) within 14 days of the date of the court’s decision on any application for an extension of time, a copy of that decision; and
(c)
(c) within 14 days of the date that the matter before the court is finally disposed of, a copy of the final court order.
Adjournment of proceedings before the adjudicator following a direction to commence court proceedings on the whole of the matter under section 110(1)
8.—(1) This rule applies where the adjudicator has directed a party under section 110(1) to commence court proceedings for the court’s decision on the whole of the matter.
(2) Once he has received notice under rule 7(2)(a) that court proceedings have been issued, the adjudicator must adjourn all of the proceedings before him pending the outcome of the court proceedings.
(3) Once he has received a copy of the final court order and unless the court directs otherwise, the adjudicator must close the proceedings before him without making a substantive decision.
Adjournment of proceedings before the adjudicator following a direction to commence court proceedings on part of the matter under section 110(1)
9.—(1) This rule applies where the adjudicator has directed a party under section 110(1) to commence court proceedings for the court’s decision on the relevant part.
(2) Once he has received notice under rule 7(2)(a) that court proceedings have been issued in relation to the relevant part, the adjudicator—
(a)
(a) must adjourn the proceedings before him in relation to the relevant part, pending the outcome of the court proceedings; and
(b)
(b) unless the court directs otherwise, must not make a substantive decision on the relevant part.
(3) Once he has received a copy of the final court order on the relevant part and unless the court directs otherwise, the adjudicator must close the proceedings before him in relation to the relevant part without making a substantive decision on that relevant part.
(4) The adjudicator may adjourn the proceedings in relation to any other part of the matter before him pending the outcome of the...
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