Statutory Instruments
1995 No. 1330

TRUSTEES
The Public Trustee (Notices Affecting Land)(Title on Death) Regulations 1995

Made
17th May 1995

Laid before Parliament
18th May 1995

Coming into force
1st July 1995

The Lord Chancellor, in exercise of the powers conferred on him by section 19 of the Law of Property (Miscellaneous Provisions) Act 1994(1), hereby makes the following Regulations—

Citation and commencement

1.  These Regulations may be cited as the Public Trustee (Notices Affecting Land) (Title on Death) Regulations 1995 and shall come into force on 1st July 1995.

Interpretation

2.  In these Regulations—

(a)“the Act” means the Law of Property (Miscellaneous Provisions) Act 1994;

(b)a form referred to by number means the form so numbered in the Schedule to these Regulations.

Keeping and recording of documents served under section 18 of the Act

3.—(1) The Public Trustee shall keep a register on which he shall record the details set out in paragraph (2) in respect of every document which is—

(a)served on him under section 18 of the Act, and

(b)is accompanied by an application to register in Form NL(1).

(2) The details referred to in paragraph (1) are—

(a)the name of the deceased person;

(b)a description of the land to which the document relates; and

(c)the date on which the entry on the register was made.

(3) The Public Trustee shall file every document in respect of which a registration is made against the name of the deceased person in respect of whom the document is served.

Search of the register

4.—(1) A person shall be entitled to request the Public Trustee to search the register against the name of a deceased person by sending to him an application to search in Form NL(2).

(2) On receipt of such a request the Public Trustee shall cause a search to be made in the register against the name of the deceased person in the exact form provided to him by the applicant.

(3) The Public Trustee shall notify the applicant of the result of the search, and in the event that it reveals an entry on the register, shall send to him a copy of the document whose service on the Public Trustee caused the registration to be made.

Mackay of Clashfern, C.
Dated 17th May 1995

Regulation 2.
SCHEDULE

FORM NL(1)PUBLIC TRUST OFFICE AN EXECUTIVE AGENCY APPLICATION FOR REGISTRATION OF NOTICE AFFECTING LAND PUBLIC TRUSTEE (NOTICES AFFECTING LAND) (TITLE ON DEATH) REGULATIONS 1995

FORM NL(2)PUBLIC TRUST OFFICE AN EXECUTIVE AGENCY APPLICATION FOR SEARCH OF REGISTER OF NOTICES AFFECTING LAND PUBLIC TRUSTEE (NOTICES AFFECTING LAND) (TITLE ON DEATH) REGULATIONS 1995

Explanatory Note

(This note is not part of the Regulations)
Section 18 of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land: service on personal representatives before filing of grant) provides that in certain circumstances notices affecting land that would have been served on a person but for his death shall be served on the Public Trustee. These Regulations make provision for the Public Trustee to file such documents and to keep a register of details taken from them. They also permit the public to requisition searches of the register.

(1)
1994 c. 36.