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Land Registration Act 2002

Type Public General Act
Publication 2002-02-26
Last updated 2023-10-26
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-2e89001daeb545a92308ab55875cae5e]: Words in s. 110(2)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 230(b)(ii) (with Sch. 3)

[^key-abbab12d2b9609bf7fe6211f95c967c6]: Words in s. 110(2)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 230(b)(ii) (with Sch. 3)

[^key-5c9e5958aadf65b6fc0b0e0a34c14e32]: Words in s. 110(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 230(c)(i) (with Sch. 3)

[^key-4600fc8354b56ce507c3f852319d8ee9]: Words in s. 110(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 230(c)(ii) (with Sch. 3)

[^key-c2aaf025ba3b8818b29698c1dc47fdc9]: Words in s. 110(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 230(c)(iii) (with Sch. 3)

[^key-0dcdcd745a902069c3e38df5d8b11050]: Words in s. 110(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 230(d) (with Sch. 3)

[^key-a5c3048f5d6455c95aca099bde17c773]: S. 111(1)-(2C) substituted for s. 111(1)(2) (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(a) (with Sch. 3 )

[^key-a1ec93c9e3f71cf3bc365e086de108e8]: S. 111(4) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(c) (with Sch. 3 )

[^key-f4573378b0ab80e415bcdd994e212fb3]: Words in s. 111(3) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(b)(i) (with Sch. 3 )

[^key-2df36c9654eb319ec7ee06b9afafa633]: Words in s. 111(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036) , art. 1 , Sch. 1 para. 231(b)(ii) (with Sch. 3 )

[^key-360382da40357ddc3ae2f2c52859ff37]: Words in s. 112 substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 232 (with Sch. 3)

[^key-f6a399612f2d56848a8b3b1b7264727f]: S. 113 omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 233 (with Sch. 3)

[^key-27ad4af5aaf518ebcea6999a080570d6]: S. 114 omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 234 (with Sch. 3)

[^key-325415d14d0583836bb008469ccc3596]: Words in s. 128(4)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 235(a) (with Sch. 3)

[^key-28c55967d79eac7acd601b4739560f9a]: S. 128(4)(c) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 235(b) (with Sch. 3)

[^key-33b4d35f29d47ff017c0f756e57d9fe7]: Words in Sch. 5 para. 4(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 237(a) (with Sch. 3)

[^key-e9a8425c1ea9b0df0ca0e694daa57368]: Words in Sch. 5 para. 4(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 237(b)(i) (with Sch. 3)

[^key-f5bdf95861217cd07a2396149c6b3196]: Words in Sch. 5 para. 4(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 237(b)(ii) (with Sch. 3)

[^key-fe8ba1e6c30893817b96321ae3f35eeb]: Word in Sch. 5 para. 4(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 237(b)(iii) (with Sch. 3)

[^key-5d34ad93856495268edf0cdd85ce5571]: Sch. 5 para. 4(3) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 237(c) (with Sch. 3)

[^key-bef6378ab3fa82ef1fcf410c2542056f]: Act applied by SI 2005/3181 art. 141L (as inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 3)

[^key-4292ba67aff95f6e982b630199aa520f]: Words in s. 75(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-bd5c8f247cddd220bf88f4e11b3f5bff]: Words in s. 76(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-04f1c122bb212c0df15f6a16ee04347c]: Words in s. 132(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-81e70c7790c3a40fdfe58bae99baf432]: S. 91(9A) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 80 (with Sch. 5 )

[^key-15ef7620157cb819f56d2cf5023e52cf]: Words in s. 27(2)(d) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 8(2) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

[^key-cb46405225958d21f5ccc9556ed625a3]: Words in s. 33(d) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 8(3) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

[^key-ce2e6b58b30f5e111ed73c564b3aa299]: Words in Sch. 3 para. 3(1) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 8(4) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

[^key-ccdc6a351fe15cae85085f301c36f85e]: S. 100(2A) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 18

[^key-54e3d36b3d2c21587bc3ec387ef3a3e4]: S. 105 heading substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 35(2), 57(5)(e)

[^key-3b3d4021cddaf725dddf36dea258fa41]: Words in s. 105(1)(a)-(c) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 35(1), 57(5)(e)

[^key-f1acc41045332b35fa6abc55bd65faa6]: Words in s. 106(1) inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 19

[^key-10e6bc54c85d2ccb008a95e2329ebca9]: Words in s. 127(2)(h) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 36(1), 57(5)(e) (with s. 36(2))

[^key-1baabfcc15db08f88f3e9c4d69544c78]: Words in Sch. 7 para. 4 inserted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 20

[^M_F_e19e01d5-9842-47cb-cea7-ec53f3c14c49]: Words in s. 132(1) omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 236 (with Sch. 3)

[^key-e733858d7fede0e06097b266bf338887]: Word in s. 87(1)(b) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(16)(a) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

[^key-a8652f9773e5f1dcea6ef9399dfc59de]: S. 87(1)(d) and word omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(16)(b) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

[^key-d05e8f13fbc7a7852022f7850422a69a]: S. 87(2)(b) and word omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(16)(c) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

[^key-d48679e21fbbe3c0cec8b0c8d6879521]: S. 87(5) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 2(16)(d) (with Sch. 6 para. 3); S.I. 2015/1732, art. 2(e)(i)

[^key-44eac88a5ebd1a300b23011f85a47f63]: Words in s. 86(1) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 15(2)(a)

[^key-063b8965323d8dcf629893ba001e3c0e]: Words in s. 86(2) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 15(2)(b)

[^key-b551dec6289ff54e5b4122ceceae0907]: Word in s. 86(5) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 15(2)(c)(i)

[^key-1b547165899c4e8f31b38bd2da902dc2]: Words in s. 86(5)(c)(ii) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 15(2)(c)(ii)

[^key-9463c4888634b1e63e8039695ea831c1]: Ss. 28-30 applied (E.W.) (21.5.2016) by Environment (Wales) Act 2016 (anaw 3), ss. 17(2)(b), 88(2)(a)

[^key-02747a27f0a7986a09e63f95609b93c6]: Words in Sch. 6 para. 1(1) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 16(2)(a) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9e2cd81aa2cfa5a81dd3b7d430ccde6d]: Words in Sch. 6 para. 1(2) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 16(2)(b) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1a55d1a81871b0d131da40320433687a]: Sch. 6 para. 6(1A) omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 16(2)(c) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5df3e9215d0ade3821cd426fdb1a837d]: Sch. 6 para. 16 omitted (31.12.2020) by virtue of The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (S.I. 2019/469), reg. 1(1), Sch. 1 para. 16(2)(d) (with reg. 5) (as amended by S.I. 2020/1493, regs. 1(1), 4(5)(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-408416420a8eecd8a56cd82409968b03]: S. 128(4)(e) and word inserted (5.9.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 3 para. 4(b); S.I. 2022/876, reg. 4(c)

[^key-1c1058ef0589540daee60dd68704853c]: Word in s. 128(4)(b) omitted (5.9.2022) by virtue of Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 3 para. 4(a); S.I. 2022/876, reg. 4(c)

[^key-a5edd5e623022f3094539735e5d5d15f]: Sch. 4A inserted (5.9.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 3 para. 3; S.I. 2022/876, reg. 4(c)

[^key-d4b83ed5c1bf4aa23322deec3cc2e058]: S. 85A and cross-heading inserted (5.9.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 3 para. 2; S.I. 2022/876, reg. 4(c)

[^key-0774760a07c724f1597d0c3b55456f15]: Sch. 4A para. 8 substituted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 177(1), 219(1)(2)(b); S.I. 2024/269, reg. 2(z60)

Disapplication of periods of limitation

Notice

Minor and consequential amendments

Seal

Notice

Requisitioned Land and War Works Act 1945 (c. 43)

Inheritance Tax Act 1984 (c. 51)

Local Land Charges Act 1975 (c. 76)

Rent Act 1977 (c. 42)

Water Resources Act 1991 (c. 57)

Building Societies Act 1986 (c. 53)

Building Societies Act 1986 (c. 53)

Diplomatic and Consular Premises Act 1987 (c. 46)

Further and Higher Education Act 1992 (c. 13)

Access to Neighbouring Land Act 1992 (c. 23)

Water Resources Act 1991 (c. 57)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Drug Trafficking Act 1994 (c. 37)

Family Law Act 1996 (c. 27)

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)

Drug Trafficking Act 1994 (c. 37)

Finance Act 2000 (c. 17)

Education Act 1996 (c. 56)

Land registry network

Rights of pre-emption

Repeal of Land Registry Act 1862

Repeal of Land Registry Act 1862

Introductory

Seal

Entitlement

Gas Act 1965 (c. 36)

Seal

Law of Property (Joint Tenants) Act 1964 (c. 63)

Requisitioned Land and War Works Act 1945 (c. 43)

Law of Property (Joint Tenants) Act 1964 (c. 63)

Requisitioned Land and War Works Act 1945 (c. 43)

Law of Property (Joint Tenants) Act 1964 (c. 63)

Leasehold Reform Act 1967 (c. 88)

Commons Registration Act 1965 (c. 64)

Administration of Estates Act 1925 (c. 23)

Law of Property Act 1969 (c. 59)

Local Land Charges Act 1975 (c. 76)

Rent Act 1977 (c. 42)

Charging Orders Act 1979 (c. 53)

Local Land Charges Act 1975 (c. 76)

Building Societies Act 1986 (c. 53)

Highways Act 1980 (c. 66)

Housing Act 1988 (c. 50)

Landlord and Tenant Act 1987 (c. 31)

Landlord and Tenant Act 1987 (c. 31)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Access to Neighbouring Land Act 1992 (c. 23)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)

Further and Higher Education Act 1992 (c. 13)

Judicial Pensions and Retirement Act 1993 (c. 8)

Drug Trafficking Act 1994 (c. 37)

Family Law Act 1996 (c. 27)

Housing Act 1996 (c. 52)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Education Act 1996 (c. 56)

Indemnities

The adjudicator

Rights of pre-emption

Minor and consequential amendments

Applications

Dealings with estates subject to compulsory first registration

Administration of Estates Act 1925 (c. 23)

Leasehold Reform Act 1967 (c. 88)

Solicitors Act 1974 (c. 47)

Local Land Charges Act 1975 (c. 76)

Highways Act 1980 (c. 66)

Further and Higher Education Act 1992 (c. 13)

Local Government and Housing Act 1989 (c. 42)

Local Government and Housing Act 1989 (c. 42)

Access to Neighbouring Land Act 1992 (c. 23)

Further and Higher Education Act 1992 (c. 13)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration

Mines and minerals

Dealings with estates subject to compulsory first registration

Notice

Remuneration etc. of Chief Land Registrar

Administration of Estates Act 1925 (c. 23)

Commons Registration Act 1965 (c. 64)

Land Charges Act 1972 (c. 61)

Leasehold Reform Act 1967 (c. 88)

Commons Registration Act 1965 (c. 64)

Rent Act 1977 (c. 42)

Consumer Credit Act 1974 (c. 39)

Rent Act 1977 (c. 42)

Charging Orders Act 1979 (c. 53)

Highways Act 1980 (c. 66)

Landlord and Tenant Act 1987 (c. 31)

Landlord and Tenant Act 1987 (c. 31)

Access to Neighbouring Land Act 1992 (c. 23)

Judicial Pensions and Retirement Act 1993 (c. 8)

Judicial Pensions and Retirement Act 1993 (c. 8)

Drug Trafficking Act 1994 (c. 37)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

Terrorism Act 2000 (c. 11)

Finance Act 2000 (c. 17)

Remuneration etc. of Chief Land Registrar

Staff

Regulation of title matters between sellers and buyers

Commons Registration Act 1965 (c. 64)

Solicitors Act 1974 (c. 47)

Local Land Charges Act 1975 (c. 76)

Law of Property Act 1969 (c. 59)

Consumer Credit Act 1974 (c. 39)

Solicitors Act 1974 (c. 47)

Criminal Justice Act 1988 (c. 33)

Water Resources Act 1991 (c. 57)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

Housing Act 1996 (c. 52)

International Criminal Court Act 2001 (c. 17)

Existing entries in the register

School Standards and Framework Act 1998 (c. 31)

1A

A leasehold estate in land under a relevant social housing tenancy.

Introductory

1A

A leasehold estate in land under a relevant social housing tenancy.

Solicitors Act 1974 (c. 47)

Building Societies Act 1986 (c. 53)

Local Government and Housing Act 1989 (c. 42)

Water Resources Act 1991 (c. 57)

Water Resources Act 1991 (c. 57)

Judicial Pensions and Retirement Act 1993 (c. 8)

Water Resources Act 1991 (c. 57)

Drug Trafficking Act 1994 (c. 37)

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)

International Criminal Court Act 2001 (c. 17)

Existing entries in the register

School Standards and Framework Act 1998 (c. 31)

Terrorism Act 2000 (c. 11)

Finance Act 2000 (c. 17)

International Criminal Court Act 2001 (c. 17)

Regulation of title matters between sellers and buyers

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

Terrorism Act 2000 (c. 11)

Finance Act 2000 (c. 17)

Disapplication of periods of limitation

The land registry

Highways Act 1980 (c. 66)

Solicitors Act 1974 (c. 47)

Diplomatic and Consular Premises Act 1987 (c. 46)

Diplomatic and Consular Premises Act 1987 (c. 46)

Existing entries in the register

Housing Act 1988 (c. 50)

International Criminal Court Act 2001 (c. 17)

Existing entries in the register

Entitlement

Administration of Estates Act 1925 (c. 23)

Diplomatic and Consular Premises Act 1987 (c. 46)

Further and Higher Education Act 1992 (c. 13)

Landlord and Tenant (Covenants) Act 1995 (c. 30)

School Standards and Framework Act 1998 (c. 31)

Terrorism Act 2000 (c. 11)

International Criminal Court Act 2001 (c. 17)

Existing entries in the register

Overseas entities

85A

Schedule 4A is about the ownership of registered land by overseas entities and about registrable dispositions made by them.

Land registry network

SCHEDULE 4A

1

In this Schedule “qualifying estate” means—

  • (a) a freehold estate in land, or
  • (b) a leasehold estate in land granted for a term of more than seven years from the date of grant.
2

No application may be made to register an overseas entity as the proprietor of a qualifying estate unless, at the time of the application, the entity—

  • (a) is a registered overseas entity, or
  • (b) is an exempt overseas entity.
3
  • (1) The registrar must enter a restriction in the register in relation to a qualifying estate if satisfied that—
  • (a) an overseas entity is registered as the proprietor of the estate, and
  • (b) the entity became registered as the proprietor in pursuance of an application made on or after 1 January 1999.
  • (2) The restriction must prohibit the registration of any disposition within section 27(2)(a), (b)(i) or (f) unless—
  • (a) the entity is a registered overseas entity, or is an exempt overseas entity, at the time of the disposition,
  • (b) the disposition is made in pursuance of a statutory obligation or court order, or occurs by operation of law,
  • (c) the disposition is made in pursuance of a contract made before the restriction is entered in the register,
  • (d) the disposition is made in the exercise of a power of sale or leasing conferred on the proprietor of a registered charge or a receiver appointed by such a proprietor,
  • (e) the Secretary of State gives consent under paragraph 5 to the registration of the disposition, or
  • (f) the disposition is made by a specified insolvency practitioner in specified circumstances.
  • (3) In sub-paragraph (2), in paragraph (f)—
  • “specified circumstances” means circumstances specified in regulations made by the Secretary of State for the purposes of that paragraph;
  • “specified insolvency practitioner” means an insolvency practitioner of a description specified in regulations made by the Secretary of State for the purposes of that paragraph.
4
  • (1) This paragraph applies where—
  • (a) an overseas entity is entitled to be registered as the proprietor of a qualifying estate,
  • (b) the overseas entity became entitled to be registered as the proprietor of that estate on or after the day on which this paragraph comes into force, and
  • (c) the entity makes a registrable disposition within section 27(2)(a), (b)(i) or (f).
  • (2) The disposition must not be registered unless—
  • (a) the entity is a registered overseas entity, or is an exempt overseas entity, at the time of the disposition,
  • (b) the disposition is made in pursuance of a statutory obligation or court order, or occurs by operation of law,
  • (c) the disposition is made in pursuance of a contract made before the overseas entity became entitled to be registered,
  • (d) the disposition is made in the exercise of a power of sale or leasing conferred on the proprietor of a registered charge or a receiver appointed by such a proprietor,
  • (e) the Secretary of State gives consent under paragraph 5 to the registration of the disposition, or
  • (f) the disposition is made by a specified insolvency practitioner in specified circumstances.
  • (3) In sub-paragraph (2)(f) “specified circumstances” and “specified insolvency practitioner” have the meanings given by paragraph 3(3).
5
  • (1) The Secretary of State may consent to the registration of a disposition that would otherwise be prohibited by a restriction entered under paragraph 3, or by paragraph 4, if satisfied—
  • (a) that at the time of the disposition the person to whom it was made did not know, and could not reasonably have been expected to know, of the prohibition, and
  • (b) that in all the circumstances it would be unjust for the disposition not to be registered.
  • (2) The Secretary of State may by regulations make provision in connection with applications for consent, and the giving of consent, under sub-paragraph (1).
  • (3) The regulations may, for example, make provision about—
  • (a) who may apply;
  • (b) evidence;
  • (c) time limits.
6
  • (1) An overseas entity must not make a registrable disposition of a qualifying estate if, disregarding the possibility of consent under paragraph 5, the registration of the disposition is prohibited by—
  • (a) a restriction entered under paragraph 3, or
  • (b) paragraph 4.
  • (2) If an overseas entity breaches sub-paragraph (1) an offence is committed by—
  • (a) the entity, and
  • (b) every officer of the entity who is in default.
  • (3) Nothing in this paragraph affects the validity of a disposition made in breach of sub-paragraph (1).
  • (4) Sections 1121 to 1123 of the Companies Act 2006 (liability of officers in default: interpretation etc.) apply for the purposes of this paragraph as they apply for the purposes of provisions of the Companies Acts.
  • (5) In those sections as applied, a reference to an officer includes a person in accordance with whose directions or instructions the board of directors or equivalent management body of an overseas entity are accustomed to act.
  • (6) A person is not to be regarded as falling within sub-paragraph (5) by reason only that the board of directors or equivalent management body acts on advice given by the person in a professional capacity.
  • (7) A person guilty of an offence under this paragraph is liable—
  • (a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
  • (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
  • (8) In sub-paragraph (7)(a) “the maximum summary term for either-way offences” means—
  • (a) in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
  • (b) in relation to an offence committed after that time, 12 months.
  • (9) Proceedings for an offence under this may only be brought by or with the consent the Secretary of State or the Director of Public Prosecutions.
7

In this Schedule—

  • “exempt overseas entity” means an overseas entity of a description specified in regulations under section 34(6) of the Economic Crime (Transparency and Enforcement) Act 2022;
  • “overseas entity” has the meaning given by section 2 of the Economic Crime (Transparency and Enforcement) Act 2022;
  • “qualifying estate” has the meaning given by paragraph 1;
  • “register of overseas entities” means the register kept under section 3 of the Economic Crime (Transparency and Enforcement) Act 2022;
  • “registered overseas entity” means an overseas entity that is registered in the register of overseas entities (but see paragraph 8).
8
  • (1) For the purpose of this Schedule, an overseas entity that fails to comply with the duty in section 7 of the Economic Crime (Transparency and Enforcement) Act 2022 (updating duty) is not to be treated as being a “registered overseas entity” until it remedies the failure.
  • (2) For the purpose of sub-paragraph (1), an overseas entity “remedies” the failure when it delivers the statements and information mentioned in section 7(1)(a), (b) and (c) of the 2022 Act.

Gas Act 1965 (c. 36)

Further and Higher Education Act 1992 (c. 13)

Finance Act 2000 (c. 17)

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