The Land Registration (Network Access) (Amendment) Rules 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/1813 |
2011 No. 1813
Land Registration, England And Wales
The Land Registration (Network Access) (Amendment) Rules 2011
Made 21th July 2011
Coming into force in accordance with rule 2
The Lord Chancellor makes the following rules in exercise of the powers conferred by sections 92(2) and 128(1) of, and paragraphs 1(4), 2(4), 3(2) and (3), and 11 of Schedule 5 to, the Land Registration Act 20021.
He has consulted such persons as he considered appropriate, in accordance with paragraph 11(2) of Schedule 5 to that Act.
In making rules under paragraphs 1(4) and 3(2)(a) of Schedule 5 to that Act he has had regard, in particular, to the matters set out in paragraph 11(3) of Schedule 5 to that Act.
In accordance with section 128(5) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation
1. These rules may be cited as the Land Registration (Network Access) (Amendment) Rules 2011.
Commencement
2. These rules shall come into force on the day that section 71 of the Legal Services Act 20072comes into force, unless that section is already in force when these rules are made, in which case these rules shall come into force on the day after the day on which they are made.
Interpretation
3. In these rules “the network access rules” means the Land Registration (Network Access) Rules 20083and in rules 5 and 6 a reference to a rule or schedule by number is a reference to the rule or schedule so numbered in the network access rules.
Amendments to the network access rules
4. The network access rules are amended as set out in rules 5 and 6.
Amendments to rule 2 of the network access rules
5. In rule 2(1)—
(a) after the definition of “address for service” insert—
““approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,”;
(b) for the definition of “intervention” substitute—
““intervention” means—
(a) an intervention by the Law Society under section 35 of, and Schedule 1 to, the Solicitors Act 19744, section 9 of, and Schedule 2 to, the Administration of Justice Act 19855, or section 89 of, and Schedule 14 to, the Courts and Legal Services Act 19906,
(b) an intervention by the Council for Licensed Conveyancers under section 31 of, and Schedule 5 to, or section 32 of, and Schedule 6 to, the Administration of Justice Act 19857,
(c) an intervention by a licensing authority under section 102 of, and Schedule 14 to, the Legal Services Act 2007, or
(d) an intervention of a similar nature to those referred to in (a), (b) and (c) of this definition by any other approved regulator in accordance with its regulatory arrangements,
and for the purpose of these rules an intervention occurs on the day when the intervening body first decides to exercise the power of intervention in question in relation to a person or body,;”;
(c) after the definition of “intervention” insert—
““licensing authority” has the same meaning as in section 73 of the Legal Services Act 2007,”;
(d) after the definition of “read-only network access agreement” insert—
““regulatory arrangements” has the same meaning as in section 21 of the Legal Services Act 2007,”.
Amendments to Schedule 1 to the network access rules
6.—(1) For paragraph 1 of Schedule 1 substitute—
“Authorised persons
1.—(1) That the applicant is—
(a)
(a) an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,
(b)
(b) an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
(c)
(c) a government department.
(2) For the purposes of this paragraph—
(a)
(a) “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,
(b)
(b) “manager” has the same meaning as in section 207 of the Legal Services Act 2007,
(c)
(c) “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
(d)
(d) “relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.”.
(2) In paragraph 2 of Schedule 1—
(a)
(a) substitute “indemnification arrangements” for...
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