PART 3  DISPOSITIONS OF REGISTERED LAND

CLAUSE 24   RIGHT TO EXERCISE OWNER'S POWERS

26. Clause 23 sets out owner's powers to deal with a registered estate or charge, which are essentially any kind of dealing that is permitted at law. Clause 24 gives the person registered as the proprietor of a registered estate or charge power to deal with the land in any of the ways specified. Similar powers of disposal by persons not yet registered, but who are entitled to be registered, are made expressly subject to rules. This level of detail is more appropriately dealt with in rules as it is under the existing framework. The rules will specify, for example, what proof of their entitlement to be registered must be produced to the registrar.

CLAUSE 25   MODE OF EXERCISE

27. Clause 25 provides that a document disposing of a registered estate or charge must comply with requirements as to form and content specified in rules. In addition, the clause delegates to the Lord Chancellor power to extend the requirements as to form and content to other documents which depend for their effect on registration. This level of detail is more appropriately dealt with in rules as under the existing framework.

CLAUSE 27   DISPOSITIONS TO BE REGISTERED

28. Clause 27 relates to those disposals of a registered estate or charge which are required to be completed by registration. It states that if a disposal is required to be completed by registration, then it will not operate until all of the registration requirements have been met. Delegated power is given to the Lord Chancellor to make detailed provisions about applications lodged to meet those registration requirements. These detailed provisions are most appropriately located, as now, in secondary legislation.