The Registration of Deeds (Fees) Order (Northern Ireland) 2007

Made: 9th January 2007

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation: 1st April 2007

The Department of Finance and Personnel, makes the following Order in exercise of the powers conferred by section 16(1) of the Registration of Deeds Act (Northern Ireland) 1970[^f00001] and now vested in it[^f00002].

Citation and commencement

1

This Order may be cited as the Registration of Deeds (Fees) Order (Northern Ireland) 2006 and shall come into operation on 1st April 2007.

Interpretation

2

In this Order “order charging land” has the same meaning as in Article 46(1) of the Judgements Enforcement (Northern Ireland) Order 1981[^f00003].

Fees

3

The fees to be taken in the Registry of Deeds in respect of the matters set out in column 1 of the Schedule shall be those set out opposite thereto in column 2.

Revocation

4

The Registration of Deeds (Fees) Order (Northern Ireland) 1996[^f00004] is hereby revoked.

SCHEDULE

REGISTRATION

1

• (a) Upon every memorial received for the registration of a document other than a document specified in paragraph 7 of this Schedule

CERTIFICATES OF REGISTRATION

2

For every special certificate of registration

COMMON SEARCH OR NEGATIVE SEARCH MADE BY OFFICE UNDER A REQUISITION

3

For each completed search in respect of each name

SEARCH BY MEMBERS OF THE PUBLIC

4

To search the electronic records filed since 1st January 1990, per set of up to 90 results obtained—

COPIES MADE IN REGISTRY OF DEEDS

5

Certified copy of a memorial filed since 1st January 1990 under the Registration of Deeds Acts

ENTRY OF SATISFACTION OF MORTGAGE OR CHARGE

6

• (a) Entry relating to the satisfaction of mortgage…

VACATION OF REGISTRATION BY COURT ORDER OR CERTIFICATE

7

Entry of vacation of registration by judgment, decree or order of a Court, Court certificate or other certificate

VACATION OF REGISTRATION OF BANKRUPT'S RIGHTS OF OCCUPATION

8

Entry of vacation of registration of a charge in respect of a bankrupt’s rights of occupation where the vacate is made pursuant to regulation 20(5) of the Registration of Deeds Regulations (Northern Ireland) 1997

Signed

Sealed with the Official Seal of the Department of Finance and Personnel on 9th January 2007.

A senior officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Order.)

This Order which revokes and replaces the Registration of Deeds (Fees) Order (Northern Ireland) 1996, specifies the fees to be taken in respect of documents lodged for Registration in the Registry of Deeds (“the Registry”) and for other work carried out by the Registry.

The main changes effected by the Order are:

• (a) the fee for registration of a memorial and documents lodged pursuant to the specified provisions of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 and the Registration of Deeds Regulations (Northern Ireland) 1997 is reduced from £14.00 to £13.00;

• (b) the fee payable for every special certificate of registration is reduced from £14.00 to £13.00;

• (c) the fee payable for a common or negative search has been changed from £4.00 for each half hour or part thereof to £25.00 irrespective of time taken to complete;

• (d) the method of charging for searches by members of the public has changed from time based to transaction based and consequently a new fee structure has been introduced. No fee will be incurred to search or to provide certified or uncertified copies of the paper-based records filed in the Registry prior to 1990;

• (e) to search electronic records filed since 1990, will incur a fee of £6.00, per set of up to 90 results, where the customer searches via the Internet. Where the customer searches using the Agency’s facilities, a fee of £9.00 per set of up to 90 results, will be incurred;

• (f) the fee for a certified copy memorial filed under the Registration of Deeds Acts has increased from £5.50 to £15.00 and the fee for an uncertified copy memorial has increased from £1.50 to £5.00;

• (g) the fee payable for entry relating to the satisfaction of mortgage or entry of satisfaction of order charging land charge has increased from £4.00 to £8.00; and

• (h) registration of a vacate has increased from £4.00 to £8.00.

Footnotes

[^f00001]: 1970 c. 25 (N.I.) as read with Article 6 of and Part IV of Schedule 1 to S.R. 1996 No. 87

[^f00002]: S.I. 1982/338 (N.I. 6) Article 5(b) and Schedule 1, Part II; S.R. 1999 No. 481 Article 6(b) and Schedule 4, Part II

[^f00003]: S.I. 1981/226 (N.I. 6)

[^f00004]: S.R. 1996 No. 265

[^f00005]: S.I. 1998/1071 (N.I. 6)

[^f00006]: S.R. 1997 No. 28