CLAUSE 16   EFFECT

19. The Bill reforms the provisions for ensuring that those who consider that they have an interest in land can protect their interests when first registration is under consideration. The law is simplified, and the interests which may be protected are defined in the Bill. In this Chapter the Bill provides for persons to register a caution against first registration to ensure that their interest is correctly recorded when first registration occurs. The person who lodges such a caution is called a "cautioner". Clause 16 specifies that the registrar cannot complete an application for the first registration of title without serving notice on a cautioner, giving the opportunity to object to the registration in its proposed form and then dealing with the disposal of the objection.

20. Clause 16(2) allows the Lord Chancellor to make rules fixing the period within which a cautioner may object to an application for first registration. By clause 16(4), a person acting for the applicant for first registration may give notice of the application to the cautioner on behalf of the registrar if that person is of a description specified in rules made by the Lord Chancellor, and the notice is given in the circumstances specified in those rules.

CLAUSE 18   CANCELLATION

21. Clause 18 specifies that the owner of the estate to which the caution against first registration relates can apply for the cancellation of a caution against first registration. The clause will enable the Lord Chancellor to prescribe by rule other persons who can also make such an application and the period of notice that the cautioner has to object to the cancellation of the caution. These are matters of procedure, where some degree of flexibility is desirable to meet changing circumstances, and therefore more appropriately dealt with in rules.

22. Clause 18 also indicates that, subject to rules, a person who has consented to the registration of the caution, or takes over the interest of such a person, (such as a successor rail company) cannot seek the removal of the caution subsequently. It is appropriate for the Lord Chancellor to have power to make exceptions to this prohibition on an ad hoc basis.

CLAUSE 19   CAUTIONS REGISTER

23. Clause 19 provides for the keeping of a cautions register. It provides for delegated legislation governing the form, content and arrangement of the information contained in the register. The Registry does not intend to make significant changes to the existing arrangements when making the new rules.

CLAUSE 20   ALTERATION OF REGISTER BY COURT

24. Clause 20 gives the courts the power to make an order for the alteration of the cautions register to correct or update the entry. Power is delegated to the Lord Chancellor to make rules to cover the circumstances in which there is a duty to exercise the power, the form of the order and the service of the order made. This level of detail is more appropriately dealt with in rules.

CLAUSE 21   ALTERATION OF REGISTER BY REGISTRAR

25. Clause 21 gives the registrar power to alter the cautions register to correct or update the entry. Power is delegated to the Lord Chancellor by rule to cover the circumstances in which there is a duty to exercise the power, the applications and procedures to be used and exactly how the cautions register will be altered. This level of detail is more appropriately dealt with in rules.