Land Registration Bill [HL]
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 11th July 2001, as follows—
Clauses 31 to 65
Schedule 4
Clauses 66 to 92
Schedule 5
Clauses 93 to 96
Schedule 6
Clauses 97 and 98
Schedule 7
Clauses 99 to 102
Schedule 8
Clauses 103 to 105 | Schedule 9
Clauses 106 to 123
Schedule 10
Clauses 124 to 130
Schedule 11
Clause 131
Schedule 12
Clause 132
Schedule 13
Clause 133 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 68 | Page 18, line 36, leave out "have overriding priority" and insert "rank in priority ahead of such estates, interests and claims as are specified in the order, if it is necessary or desirable to give such a direction for the purpose mentioned in subsection (1)" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 69 | Page 20, line 2, at end insert— |
| "( ) | This section applies to the priority of further advances on the security of a registered charge— |
| (a) | as against a subsequent charge notwithstanding that it is either registered or protected by a notice under section 32, and |
| (b) | as against any other subsequent disposition, notwithstanding that it is either registered or protected by such a notice, as it applies to the priority of such advances as against a subsequent charge." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 70 | Page 20, line 7, after "effect" insert ", or is claimed by that person to have effect," |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 71 | Page 20, line 17, at end insert "(no account being taken for the purpose of this section, and of section 87(1) of the Law of Property Act 1925 (c. 20) as applicable for the purpose of this section, of the prohibition in section 23 of this Act of the creation of mortgages and sub-mortgages by demise or sub-demise)" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 72 | Page 21, line 24, leave out "that" and insert "the registered" |
| 73 | Page 22, line 2, after "determined" insert "on an application to the registrar" |
| 74 | Page 22, line 11, leave out subsection (1) and insert— |
| "(1) | Subject to any agreement to the contrary, accretion or diluvion do not alter the boundary of a registered estate." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 75 | Page 23, line 18, after "become" insert "and remains" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 76 | Page 28, line 24, leave out "seven" and insert "fourteen" |
| 77 | Page 33, line 6, leave out subsection (6) |
| 78 | Page 33, line 6, leave out "an individual" and insert "a person" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 79 | Page 33, line 8, leave out "written authority of his principal" and insert "authority of his principal conferred by deed" |
| 80 | Page 34, line 13, at end insert "including documents relating to the conduct of electronic land auctioneering" |
| 81 | Page 34, line 15, at end insert— |
| "( ) | No rules under subsection (1) above concerning documents relating to the conduct of electronic on-line auctions of land shall come into force until the Lord Chancellor has consulted the bodies specified below— |
| (b) | The Royal Institution of Chartered Surveyors; and |
| (c) | any such other organisation deemed necessary by the Lord Chancellor." |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 95 stand part of the Bill. |
| 89 | Page 56, line 11, leave out sub-paragraph (4) |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 90 | Page 57, line 24, after "charge" insert ", and of any charge protected by a notice under section 32," |
| 91 | Page 57, line 25, leave out from beginning to "in" and insert "Where a person is registered as proprietor" |
| 92 | Page 57, line 27, at end insert ", the estate is vested in him free of any registered charge, and of any charge protected by a notice under section 32, which was created at a time when any of those conditions would have been satisfied if an application under paragraph 1 had been made at that time (leaving paragraph 5(4)(d) out of account for this purpose)" |
| 93 | Page 58, line 21, leave out paragraph 12 |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 94 | Page 36, line 10, leave out "must" and insert "may" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 95 | Page 60, line 35, at end insert "or section 86, or |
| (i) | any other negligent act or omission on the part of the registrar in the performance of his duties under this Act" |
| 96 | Page 61, line 4, at end insert ", and |
| ( ) | the proprietor of a registered estate or charge claiming in good faith under a document to which section 91 applies and which was made by an individual as agent without the authority of his purported principal is, where the register is rectified, to be regarded as having suffered loss by reason of such rectification as if the disposition had been made with such authority." |
| 97 | Page 63, line 11, after "Schedule," insert "references to a mistake include a mistake occasioned by forgery or fraud and" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 98 | Page 40, line 9, at end insert "the Rule Committee and" |
| 99 | Page 41, line 39, after "Conveyancers," insert— |
| "( ) | a person nominated by the Royal Institute of Chartered Surveyors, |
| ( ) | a person nominated by the National Consumer Council," |
| 100 | Page 42, line 11, leave out subsection (3) |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 101 | Page 42, line 17, leave out subsection (4) and insert— |
| "(4) | No rules under section 93 or paragraphs 1, 2 or 3 of Schedule 5 shall be made unless a draft of the statutory instrument has been laid before Parliament and approved by a resolution of each House. |
| (5) | An order under any provision of this Act other than section 99, 101, 111, 131 or 133 is subject to annulment in pursuance of a resolution of either House of Parliament." |
| 102 | Page 42, line 17, leave out from "instrument" to end of line 20 and insert "made under this Act" |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 103 | Page 43, leave out lines 6 to 21 |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 104 | Page 78, line 34, leave out paragraph 4 |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN
THE LORD GOODHART |
| 105 | Page 79, line 12, leave out paragraph 7 |
| 106 | Page 79, line 29, leave out paragraphs 9 and 10 |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN |
| 107 | Page 80, line 5, leave out paragraphs 14 to 16 |
| | THE BARONESS BUSCOMBE
THE LORD KINGSLAND
THE VISCOUNT BRIDGEMAN
THE LORD GOODHART |
| 108 | Page 80, line 6, leave out paragraphs 14 and 15 |
| 109 | Page 80, line 40, leave out "section" and insert "paragraph" |
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