PART 11  ADJUDICATION

85. Rules made under Part 11 will not be land registration rules (see clause 129(1)) but nevertheless merely have to be laid before Parliament after being made (see clause 125(3)(b)).

CLAUSE 107   PROCEDURE

86. This section of the Bill sets up the independent adjudicator's office, to undertake the resolution of disputes previously dealt with by the Solicitor to H M Land Registry (or by district land registrars to whom this function had been delegated). Clause 107 provides for public hearings before the adjudicator in inter-party disputes. The clause delegates power to the Lord Chancellor to make rules relating to the practice and procedure to be followed at those hearings. It is envisaged that the rules will take the same form as the Land Registration (Judicial Hearings) Rules 2000 which were introduced as a result of the Human Rights Act 1998.

87. The rules will, as the clause makes clear, need in particular to regulate when hearings are to be held, who should attend hearings, the form of the adjudicator's decision, and the payment of and liability for costs arising from the proceedings. These procedural matters will need to be regularly revised to ensure that hearing procedure keeps up with good practice, and are more appropriately dealt with in rules.

CLAUSE 108   FUNCTIONS IN RELATION TO DISPUTES

88. Clause 108 provides that the adjudicator can refer the matter to be dealt with by the court. This reflects the current position which allows the Solicitor to H M Land Registry to make such a reference, when wider issues of law are in issue or court procedures will assist the resolution of the dispute. The clause delegates to the Lord Chancellor power to make rules about the reference of the matter to court, including:

·  the adjournment of the proceedings before the adjudicator whilst the matter is heard by the courts; and

·  the nature of his powers should the party directed to take out court proceedings fail to do so.

Rules are also needed to set out what the adjudicator's powers should be in relation to his decision on a reference to him and in particular about the determination of the application which gave rise to the reference, and any present or future related applications that may be made. Such procedural matters are more appropriately dealt with in rules.

CLAUSE 111   FEES

89. Clause 111 gives the Lord Chancellor power by order to prescribe the fees, and lay down rules in relation to the payment of fees, for proceedings before the adjudicator. Fees, like registration fees generally, are more appropriately dealt with by order since they need to be revised regularly. An order made under this clause is not subject to any Parliamentary procedure (see clause 125(4)(b)).