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Portal guidance notes - version 18

Release date: Monday 3 December 2012

1. Introduction

1.1 Purpose

This document provides guidance on how to apply for Land Registry's Business e-services delivered through the portal.

Land Registry will make changes to ensure the security of our systems is protected. We will also improve the system as new developments allow. This document will be updated when necessary to reflect such changes. Land Registry may change the provisions of this document at any time.

1.2 What is the portal?

The portal is a secure website platform providing registered users with a personalised single point of access to applications and information. By signing up to an agreement (e.g. agreeing to our Conditions of Use), and paying fees by Direct Debit, users can submit applications at the touch of a button.

1.3 Benefits of using Business e-services

There are many benefits to customers using Business e-services. These include:

  • Secure login via Land Registry website. We have incorporated the latest security systems into the portal and we constantly review their ability to ensure the system is not entered by any unauthorised persons. We use a variety of mechanisms to secure our systems. In effect, the system will know who the organisation is, what services they can access and who in that organisation has been granted permission to use those services.
  • Controlled Role-based access to the services you require
  • On-line access to interactive training modules for users
  • The certainty of secure lodgement, with faster service delivery than paper-based applications
  • A fully electronic service for a majority of transactions - e-lodged and e-delivered
  • Removal of postal delivery delays
  • Reduced postal costs
  • Convenient on-line access for 15 calendar days to title information documents and e-services purchased using Business e-services so you will no longer have to wait for postal delivery.
  • All documents supplied to you electronically can be downloaded, printed and saved to your own files.
  • You will have at least one administrator who can create and manage your organisation's user accounts in accordance with your business needs. There is no limit on the number of administrators your organisation can have.
  • The activities of administrators and users will be managed by your responsible person or their deputy.
  • Availability of on-line user activity reports to control and monitor access permissions.
  • Availability of on-line access to financial statements. Our variable direct debit scheme operates on a daily basis and provides a more efficient management of fee payment for both you and Land Registry. Fees are correctly assessed and the completion of applications will no longer be delayed because the fee is outstanding. The direct debit guarantee provides assurance to you that any money debited in error will be refunded.
  • Reduced fees for some types of application

Business e-services is available from 6.30am to 10pm during weekdays and from 7am until 5pm on Saturdays with daylist priority where appropriate. Dedicated Customer Support is available from 8am to 6pm during weekdays.

All organisations using Land Registry Business e-services must have at least one active Variable Direct Debit (VDD) account. Existing VDD accounts can be enabled for use with Business e-services.

Your organisation may already have a Land Registry credit account, but this type of account cannot be used for Business e-services.

If your organisation does not have a VDD account, you will need to complete a VDD application form and mandate – see Section 7.

2 Access to the 'Applying for Land Registry Business e-services' page

From the Land Registry web home page, select the 'Business' option within the E-services panel. From here, follow the on-screen guidance to select which services your organisation wishes to apply for and to download the appropriate forms.

3 Selecting the services you wish to subscribe to

The next page presents you with a choice of service groupings.

Information Services (including Land Charges Services) are governed by the Conditions of Use (CoU); subscription to this service is mandatory.

In addition to Information Services, you may be eligible to apply for other service groups. These service groupings are:

  • Network Services – for which you must complete a Network Access Agreement (NAA).
  • Lender Services – for which you must complete a Memorandum of Understanding (MoU).

You will need to consider carefully which agreements you are eligible for, and which you wish to sign up to.

The criteria for granting an NAA, which must be met in order to access Network Services, are set out in Schedule 1, Land Registration (Network Access) Rules 2008 as amended by the Land Registration (Network Access) (Amendment) Rules 2011 – ("LR (NA) Rules"). A consolidated copy of the amended rules can be found on Land Registry's website. The criteria are outlined in section 3.3 below.

The MoU is for lenders to submit electronic discharges directly with Land Registry and has replaced the ENDS service. Previous ENDS users, ED's users and lenders who already have arrangements with our Commercial Arrangements Section for the registration and/or discharge of registered legal charges can apply for Lender Services.

Other lenders unknown to Land Registry should contact our Commercial and Customer Directorate to discuss whether Lender Services are appropriate. You will have to satisfy the registrar that you are, or will be, a regulated commercial lender with a portfolio of registered legal charges. Third party organisations can also apply for Lender Services where Land Registry is satisfied that they are the appointed agent of such a lender.

In order to assist you, a full list of the services available within each service grouping and the agreements required are set out in section 3.1 below. In addition, further information about each agreement is given in sections 3.2, 3.3 and 3.4 below.

3.1 What services can I access under each agreement?

The table below sets out the services available in each of the service groups.

Service Groups

Services

Agreement

Information Services

Information services include:

request official copies

official search of whole with priority

official search of part with priority

official search of whole without priority

search of the index map

home rights search

outline application

day list enquiry

ENDs enquiry

search of the index of relating franchise and manors

official copy by property description – postal

enquiry by property description – title view

register view – PDF

register view – HTML

title plan view

document view

data synchronisation enquiry (this is only available to lenders with ED's facilities)

Land Charges services include:

bankruptcy search

full search

office copy

registration view

Conditions of Use (CoU)

Note: See section 3.2

Network Services

For the creation and lodgement of electronic documents including the application of electronic signatures (where appropriate).

(e-AN1): Electronic application to enter an agreed notice.

(e-CCD): Electronic application to cancel a caution against dealing.

(e-CN1): Application to cancel a notice (other than unilateral notice).

(e-COA): Application for change of address.

(e-CON): Application for registration of change of name by marriage/deed poll/registration of civil partnership.

(e-CPD): Application for change of property description.

(e-CSF): Electronic charge in standard form.

(e-CSF): Find document.

(e-CST): Statutory charge (applies to Legal Services Commission applications only).

(e-DJP): Application to remove from the register the name of a deceased joint proprietor.

(e-HR1): Application for registration of a notice of home rights.

(e-HR4): Application to cancel an existing HR notice.

(e-RX1): Electronic application to enter a restriction.

(e-RX3): Electronic application to cancel a restriction.

(e-RX4): Electronic application to withdraw a restriction.

(e-UN1): Electronic application to enter a unilateral notice.

(e-UN2): Electronic application for the removal of a unilateral notice.

(e-UN4): Electronic application for the cancellation of a unilateral notice.

(e-WCT): Electronic application to withdraw a caution.

Automated registration of:

death of joint proprietor

change of name.

Electronic attachment solution for documentary evidence.

New certificates that will be added to electronic documents in lieu of documentary evidence.

Limited data checking facility.

Network Access Agreement (NAA)

Lender Services (for regulated commercial lenders with registered legal charges)

For the creation and lodgement of electronic discharges

e-DS1: Electronic discharge of registered charge

Automated registration of:

electronic discharge

Memorandum of Understanding for portal (MoU)

 eDocument Registration Service

For the submission of electronic applications to change the register with attached scanned copies of supporting documents.

e-DRS: Registration Service

Reply to requisition

Network Access Agreement (NAA)


Before applying for any services you should carefully consider:

whether you are eligible for that service

who in your organisation will be the responsible person (Section 6.9)

who in your organisation will be the administrators (Section 6).

Provided your application for Land Registry Information Services has been approved, you will be able to apply for additional services at a later date if you satisfy the criteria for them.

3.2 Conditions of Use (CoU)

All Business e-services organisations must agree to the Conditions of Use (CoU). The application form for Business e-services, AFS1, incorporates certification of acceptance of the CoU and, together with the appropriate signature, is deemed to indicate agreement on behalf of your organisation.

It should be noted that the CoU and the terms of the NAA are mutually exclusive. You will have to accept the CoU while applying for an NAA. Once you have an NAA, you will be operating under the terms of the NAA and the CoU will not apply to the terms and provisions of the NAA.

Information Services and Network Services provided under the Land Registration Act 2002 and Land Registration Rules 2003 will be subject to notices under the Land Registration Rules 2003. You will be subject to the provisions of the notices and will need to comply with the terms of the notices.

You can view and download the CoU from our website, however, we do not require a copy, signed or otherwise, with your application papers. It is, of course, strongly recommended that the CoU is read and fully understood before you complete the certificate in the application form. You should note that the CoU might change from time to time, so you will need to ensure that you have read the latest version.

3.3 Network Access Agreement (NAA)

To use Network Services your organisation must enter into an NAA (Technical Manual (parts 1 and 2) form part of the NAA).

Before applying for Network Services you should carefully consider whether your organisation meets the criteria for the grant of an NAA (see below).

The responsible person, deputy responsible person, administrator and users must be made fully aware of their duties and responsibilities under the NAA and Technical Manual before being allowed access to the network. It is for your organisation to put its own policies in place for training and supervision of users operating under the NAA.

You should also ensure that you have proper arrangements in place for instructing and supervising the administrators as to who in your organisation is to be given access to the network and at what role based access level

The criteria for entry into an NAA are set out in paragraph 1(4) of Schedule 5 to the Land Registration Act 2002 and set out in Schedule 1, LR (NA) Rules and include:

  • authorised person
  • insurance
  • system and security requirements
  • financial position
  • previous termination/intervention/disciplinary proceedings.

3.3.1 Authorised persons

In order to meet the Authorised persons criterion, an applicant for Network Services must be:

  • an authorised person entitled to carry on the relevant reserved instrument activities in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be,
  • an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, in accordance with the regulatory arrangements of the relevant approved regulator or licensing authority, as the case may be, or
  • a government department.

For the purposes of paragraph 1 of Schedule 1 of LR (NA) Rules  :

  • “authorised person” has the same meaning as in section 18 of the Legal Services Act 2007,
  • “manager” has the same meaning as in section 207 of the Legal Services Act 2007,
  • “relevant approved regulator” has the same meaning as in section 20 of the Legal Services Act 2007,
  • “relevant reserved instrument activities” means the reserved instrument activities set out in paragraph 5(1)(a) and (b) of Schedule 2 to the Legal Services Act 2007.

3.3.2 Insurance

An applicant who is a government department is not required to meet this criterion.
Where you are under an obligation to comply with indemnity arrangements, you must confirm that you hold a policy of indemnity insurance that complies with the indemnity rules applicable to your organisation.

Where you are not under an obligation to comply with indemnification arrangements, but hold a policy of indemnity insurance providing cover which is reasonably equivalent, you should provide details of the insurance.

Any other applicant who is not under an obligation to comply with indemnity arrangements must demonstrate to the reasonable satisfaction of the registrar that it would not be practicable for him/her to meet the criterion and that such indemnity insurance is unnecessary in view of his/her likely use of the network and his/her likely ability to meet any liability arising from such use.

3.3.3 System and security requirements

The system and security requirements are set out or referred to in the agreement in respect of which the application is made and are also set out in the Technical Manual part 1. You confirm that your organisation meets the minimum technical specification and security requirements by signing the Business e-services application form.

3.3.4 Financial position

You must demonstrate to the reasonable satisfaction of the registrar that you will be able to meet his likely obligations in respect of the payment of fees. This requirement is satisfied if you already have an active variable direct debit (VDD) payment facility with Land Registry or you lodge an application for a VDD (with your application for Land Registry Business e-services) that is completed successfully.

3.3.5 Details of previous termination, notice of termination, intervention or disciplinary proceedings

If the organisation applying for the NAA or certain other persons connected to the organisation (referred to in LR (NA) Rules as a connected person, as defined in paragraph 9 (a), Schedule 1):

  • has had an NAA terminated by the registrar within the previous three years or
  • is party to an NAA that is the subject of an unexpired notice of termination, or one suspended pending an appeal against such a notice or
  • was a manager (partner, member, officer) of a practice that has been intervened in at any time within the previous three years or
  • if the applicant is subject to pending disciplinary proceedings or has had a charge proved against him in disciplinary proceedings in the previous three years

you must satisfy the Registrar that you are likely to comply with the terms of the NAA.

Land Registry will investigate the circumstances of any such events, and decide whether you are likely to comply with the terms of an NAA if granted. Your application will be refused if we are not so satisfied. The details of these criteria are set out in paragraphs 6-9 of Schedule 1 of the LR (NA) Rules.

It will, therefore, be necessary to check not only whether the organisation applying is affected by paragraphs 6 and 7 of Schedule 1 of the rules, but also whether connected persons are affected.

The LR (NA) Rules explains the meaning of "connected persons" as follows:

(i) a partnership or limited liability partnership of which the applicant was a member (partner/manager) at the relevant date,

(ii) a body corporate (other than a limited liability partnership) of which the applicant was an officer (director or secretary) at the relevant date,

(iii) where the applicant is a partnership or limited liability partnership, a member (partner/manager) of the applicant,

(iv) where the applicant is a body corporate (other than a limited liability partnership), an officer (director or secretary) of the applicant.

All organisations applying for Network Services, with the exception of government departments or local authorities, must supply information to enable Land Registry to make the necessary investigation.

When you are applying for Land Registry Network Services under an NAA, you are required to lodge two copies of the NAA. You must complete the details of your organisation's name, service addresses on both copies of the agreement. One of these copies must be signed on behalf of your organisation. An NAA is a legal agreement and must be signed on your behalf by a person with the appropriate authority to sign agreements. The second copy should not be signed as it will be signed on behalf of the Chief Land Registrar, once your application has been approved. Both copies must be left undated. Land Registry will enter the date on both copies. This will be the date of approval of your application.

3.4 Memorandum of Understanding for e-DS1 (MoU)

This agreement is specifically designed to meet the needs of lenders with portfolios of registered legal charges who wish to cancel charges from the register by means of an electronic form DS1 (e-DS1). Land Registry must be satisfied that the applicant is a regulated lender for the purposes of the Money Laundering Regulations 2007. If you are an existing EDs user, or a lender who already has an arrangement with our Commercial Arrangements Section for the registration and/or discharge of registered legal charges, you will meet the required criteria for Lender Services.

If you are a lender who intends to create and submit electronic discharges on your own behalf, download, complete and return the MoU available within the 'Land Registry Register for Business e-services' web pages.

Two copies of the MoU must be submitted. Both copies must be left undated. Land Registry will enter the date on both copies if your application is approved.

One copy of the MoU must be signed by the lender. The second copy should not be signed as it will be signed on behalf of the Chief Land Registrar, and returned to you when your application has been approved. You may then begin setting up user accounts with the relevant role based access level.

Lenders who employ an agent company to submit electronic discharges on their behalf, or agents acting on behalf of one or more lenders should contact our Commercial and Customer Directorate.

If you are a lender employing an agent to act on your behalf, or you are an agent acting on behalf of the lender, contact your account manager or Customer Support to discuss arranging access to Lender services..

4 What agreements and application forms do I need to complete?

You can access the documents appropriate to the services you wish to apply for from our website following the step by step guide.

Each document can be downloaded in PDF for you to complete and return to Land Registry if necessary.

The documents available for downloading are as follows:

  • Application for Business e-services (AFS1).
  • Application for additional Business e-services (AFS2) (this is for existing Business e-services users wishing to apply for additional services only).
  • Administrators continuation sheet (AFS4).
  • Deputy responsible person details (AFS5).
  • Variable direct debit application form and mandate.
  • Conditions of Use (a paper copy is not needed).
  • Network Access Agreement.
  • Memorandum of Understanding for e-DS1.

To download, click on the document and a 'file download' dialogue box appears.

Click 'open'.

An Adobe Reader window opens and displays the selected document.

Select the print icon to print the document to a printer within your organisation.

Repeat this process for each of the documents you need to download and complete.

Note:If you are applying for Information Services you do not need to sign or send us a paper copy of the Conditions of Use. If you are applying for Network Services and/or Lender Services, you must lodge two copies of each of the agreements entered into with your application form.

5 Completing and lodging your application

When you have downloaded your documentation, follow the completion guidance notes that can be found in section 6 and in the sections indicated below.

  • Conditions of Use – section 3.2.
  • Network Access Agreement – section 3.3.
  • Memorandum of Understanding – section 3.4.
  • Variable direct debit application form and mandate – section 7.

Only complete those parts of the forms and agreements that are relevant to the service groups you require. If you have a designated Land Registry account manager, they will be pleased to assist with completion of the form/s and any associated documentation.

6 Application for Business e-services

The following notes will assist you in the completion of the application form.

The application form is made up of four sections.

All applicants must complete sections 1 and 2.

If your organisation also wishes to apply for Network Services, you must provide additional information in Section 3.

Section 4 relates to Land Registry contacting you regarding future product and service developments and provides you with an opportunity to let us know your preferred method of contact or to opt out of receiving such information.

All fields marked * are mandatory.

6.1 Application

Check the box(es) of the Business e-services your organisation wishes to apply for.

The sections of the application form you must complete are referred to.

Section 1 (to be completed by all applicants)

6.2 *Your organisation details

The details entered in this section should relate to the registered or head office of the organisation/legal entity.

  • *Enter the name of your organisation.
  • Trading as.
  • Company or LLP registration number.
  • *Postal address (registered office, or equivalent).
  • DX address.
  • *Email (can be company email).
  • *Telephone number (landline).

6.3 *Nature of legal entity

A definition of a legal entity can be found in section 11 of this document.

  • Place an 'X' in the appropriate box.

6.4 *Business type

  • Place an 'X' in the appropriate box.

6.5 Variable direct debit (VDD) details

In the next field enter details of all existing VDD debit key numbers that you hold with Land Registry and wish to use for Land Registry Business e-services. This does not include any key numbers belonging to existing credit accounts. Please continue on a separate sheet if necessary.

Please note if you are an existing credit account 'key' holder and are requesting a VDD 'key' account, you will be assigned a new VDD only 'key' account for use with these services.

If you do not have a VDD account please complete a VDD application and mandate form.

6.6 *Primary administrator details

Land Registry will use the administrator details entered here on the application form as the primary point of contact.

  • *Place an 'X' in the box appropriate for the administrator's title.
  • *Enter their first name.
  • Middle name(s).
  • *Family name [block letters].
  • *Postal address.
  • DX address.
  • *Email.
  • *Telephone number.
    • Landline.
    • Mobile.
  • *Delivery method of security credentials.
    • Postal.
    • Electronic.

This gives the administrator the choice of how they will receive details of their security information required to access the system. Check the box appropriate to their choice.

6.7 Additional administrator details

If you require a second administrator, enter their details here.

  • *Place an 'X' in the box appropriate for the administrator's title.
  • *Enter their first name.
  • Middle name(s).
  • *Family name [block letters].
  • *Postal address.
  • DX address.
  • *Email.
  • *Telephone number.
    • Landline.
    • Mobile.
  • *Delivery method of security credentials.
    • Postal.
    • Electronic.

This gives the administrator the choice of how they will receive details of their security information required to access the system. Check the box appropriate to their choice.

6.8 Additional administrators

If you require further administrators, they can be entered on a separate continuation sheet (AFS4).

These details will also be required for each additional administrator identified. A continuation sheet (AFS4) is available on our website, or on request from Customer Support using one of the following methods:

email: customersupport@landregistry.gsi.gov.uk

telephone: 0844 892 1111.

6.9 *Responsible person details

This is a nominated person within the organisation (probably a solicitor or licensed conveyancer) who will have access to reports documenting the activities of the administrators under any agreement.

This is to assist your organisation in its obligation to be properly supervised and managed, as required by regulators and existing legislation.

  • *Place an 'X' in the box appropriate for the responsible person's title.
  • *Enter their first name.
  • Middle name(s).
  • *Family name [block letters].
  • *Position in organisation e.g. solicitor.
  • *Postal address.
  • DX address.
  • *Email.
  • *Telephone number.
    • Landline.
    • Mobile.
  • *Delivery method of security credentials.
    • Postal.
    • Electronic.

This gives the responsible person the choice of how they will receive details of their security information required to access the system. Check the box appropriate to their choice.

6.10 Deputy Responsible Person details

To appoint deputy responsible persons to carry out this supervisory role, please complete form AFS5.

A deputy responsible person details form (AFS5) is available from our website, or on request from Customer Support using one of the following methods:

email: customersupport@landregistry.gsi.gov.uk

telephone: 0844 892 1111.

6.11 *Contact details for queries relating to this application

Enter the contact details of the person completing the application in block letters.

  • *Place an 'X' in the box appropriate for the contacts title.
  • *Enter first name.
  • Middle name(s).
  • *Family name [block letters].
  • *Postal address.
  • DX address.
  • *Method of contact.
  • *Email.
  • *Telephone number, at least one of the options must be completed:
    • Landline.
    • Mobile.

Section 2 (to be completed by all applicants)

6.12 *Certification

This section records the certifications required in order for your organisation to be able to access Land Registry Business e-services.

The certificate states that:

you are authorised to make this application of behalf of the organisation

the organisation meets the minimum technical specification for equipment and/or software

you accept the terms of the portal Conditions of Use as exist at the date of this application, on the organisation's behalf, and acknowledge that these may change from time to time.

In order to signify your agreement to this certification, the application should:

be signed by the person applying

show the applicant's name in block capitals

be dated with the date the signature was applied.

Section 3 (only complete this section if you are applying for Network Services)

6.13 *Network Access Agreement details

Please see section 3.3 Network Access Agreement (NAA)  

6.13.1 Details of regulator or licensing authority

This information is required if your organisation  is applying for an NAA, unless it is a government department.

An organisation applying for Network Services must be or must employ a person (which includes a corporate body) authorised to carry out conveyancing and land registration work under the Legal Services Act 2007, Part 3 and Schedule 2 paragraph 5 (1) (a) and (b) (the “relevant reserved instrument activities”).

If your organisation is an authorised person entitled to carry on the relevant reserved instrument then you must identify your regulator or licensing authority.

If your organisation is an individual or body who employs, or being a body has among its managers, at least one authorised person entitled to carry on the relevant reserved instrument activities and who will carry on or direct and supervise the carrying on of the relevant reserved instrument activities as such employee or manager, then you must certify that this is the case and provide details of the regulator or licensing authority of your authorised person.

6.13.2 *Insurance details

Place an 'X' in one of the four boxes showing insurance statements appropriate for your organisation and enter your organisation name.

Where necessary complete the associated mandatory fields and relevant details for the statement you have selected.

6.13.3 *Details of previous termination, notice of termination, intervention or disciplinary proceedings

Unless your organisation is a government department, select one of the two statements in respect of paragraph 7 of LR (NA) Rules that applies to your organisation by placing an 'X' in the appropriate box.

Where circumstances do apply to the organisation or any of the connected persons, enter details of each circumstance in the space provided, using separate sheets if necessary.

Section 4 (optional)

6.14 Future products and services

This section enables you to choose if you wish to receive information about future products and by what means you would prefer to be contacted.

7 Variable direct debit (VDD)

In order to access Land Registry Business e-services, all organisations must have at least one active VDD account.

Direct debit is a payment scheme that protects the interests of the payer with a guarantee. The direct debit guarantee provides assurance to the payer that any money debited in error will be refunded immediately by the payer's bank.

A VDD scheme is one where the value being debited varies, as does the frequency of the debit, to tie in with the nature of the business involved.

Land Registry's VDD payment scheme will operate on a daily basis. Following assessment of fees, on each working day a collection is due; advance notification of the amount to be debited from your account will be emailed to you when £50.00 or more is owing or on the last working day of each week, even when less than £50.00 is owing. Land Registry will notify you two working days in advance of your account being debited.

The notification will be issued to an email address of your choice and confirm that the VDD account information, that lists all individual transactions, is available for viewing within portal. These VDD account files have a sort facility and may be saved and downloaded in PDF and/or a data file in comma separated value (CSV) format. The VDD account files will be available to view the transactions for the current month and the previous three calendar months.

Note: Transactions included in notifications from 1 March 2010 are available to view online.

To use VDD you will need to have:

registered with the scheme

a valid UK bank or building society account from which a direct debit can be collected

an email address for receipt of the notification.

7.1 Variable direct debit (VDD) application form and mandate

7.1.1 General

To register for the VDD scheme an organisation must complete a Land Registry VDD application form together with a direct debit mandate and send it to Land Registry. The mandate will either be passed to your organisation's bank, or remain with Land Registry and the details forwarded electronically via the secure AUDDIS system.

For each new key number you must complete both the VDD application form and the mandate in capital letters. Sign and date the declaration on the VDD application form and the instruction on the mandate. The information provided will be used to assess your application; so please ensure that it is legible, accurate, and as complete as possible. Details omitted and the use of initials or non-standard abbreviations may lead to delay, or the application being declined.

An application for a VDD account is a legal contract and must be completed on behalf of the legal entity by a person with the appropriate authority to sign contracts. You must also supply VDD mandates, for the purpose of forwarding to your nominated bank.

In some circumstances, Land Registry staff may, as part of the validation process, conduct online credit checks with credit rating organisations such as Dun & Bradstreet.

Subsequent suspension of one or more VDD accounts may result in automatic suspension of access to Land Registry Business e-services.

7.1.2 Existing credit account facilities in operation

Your organisation may already have a credit 'key' account facility with Land Registry. If this is the case you will have to apply for a VDD 'key' account. You will then be assigned a new VDD only key account number for this account.

Simply complete the VDD application form where indicated in the bank details section:

to indicate the key number of the credit account

if you would like any balance in that credit account to transfer to the VDD account, rather than clearing the balance by cheque.

Note: You are still required to complete a mandate for the replacement of a credit account by a VDD account. A separate application form and mandate will need to be completed for each credit account number that is to be replaced by a VDD account.

Once a VDD account is activated Land Registry will identify any existing credit accounts that are associated with your organisation and contact you to arrange for these to be closed.

Any outstanding balance on a credit account can be collected by VDD rather than by cheque, simply by checking the box indicated on the VDD application form.

7.1.3 Existing VDD accounts

Existing VDD account key numbers that you wish to use for Land Registry Business e-services may be entered on the application form (AFS1). If this is the case, you do not need to complete a VDD application form and mandate.

7.1.4 Additional VDD accounts

If you have a business need, you may apply for more than one direct debit account. Each account may relate to the same banking details, but the postal or DX address attributed to each can differ. Alternatively, you may apply for additional accounts with completely unique bank and address details. We would encourage you, wherever possible, to avoid applying for multiple direct debit accounts with the same banking and address attributes.

NB. Each request for a new account must be made using the VDD application form and mandate and accompany your application for Business e-services (AFS1).

7.1.5 Alternative formats

If you require this material on VDD accounts in an alternative format please contact Customer Support on 0844 892 1111 or email customersupport@landregistry.gsi.gov.uk

Any queries relating to your accounts should also be directed to Customer Support.

8 Where to send your completed application

Once you have identified the services and associated agreements appropriate to your needs and have completed the relevant sections of the application form/s and agreements, these should all be sent together to:

Service Access Team
Land Registry Customer Contact Centre
PO BOX 569
Swansea
SA7 9FQ

Or

Service Access Team
Land Registry Customer Contact Centre
DX82805
Swansea 2

9 How Land Registry deals with your application

9.1 Upon receipt

On receipt of your application pack, the contact named in your application form will be sent an acknowledgment of receipt by email. Land Registry will begin processing your application for service. This comprises a series of checks dependant upon the nature of the services you are applying for. These checks will range from confirming that all appropriate documents have been lodged, with relevant mandatory application form fields being completed correctly, through to financial checks outlined above and, in some instances, interrogation of regulatory websites and more detailed investigations.

9.2 Requisitions

Land Registry staff will always endeavour to process and complete applications for Business e-services based upon documentation supplied at the time. Sometimes it may not be possible to do so without the need to revert back to you for additional information or actions. In circumstances where a telephone call will suffice, our Service Access Team may call your nominated contact. Telephone calls may be followed up by a written communication, email or postal, if an immediate response is not possible.

When it is necessary to return a document to you, for instance to have mandatory data fields completed, this will be sent with a covering letter via Royal Mail or DX. Generally, we will grant a period of 20 business days for you to respond.

9.3 Rejections

An inability to comply fully with points raised in a requisition, within the timescale given, may result in your application being rejected. Failure to meet the criteria for the services you are applying for may also result in the rejection of your application.

9.4 Partial approval

Sometimes, Land Registry may be unable to approve every aspect of an application, even after raising a requisition, for example, where it includes Network Services or Lender Services, in addition to Land Registry Information Services.

Consequently, there may be instances where Land Registry can grant access for Information Services but have not been able to establish the criteria to allow access for Network Services under an NAA (see LR (NA) Rules) or Lender Services under MoU. In such cases we will proceed to complete your application in respect of Information Services only, unless you have indicated, in response to a requisition that you wish to withdraw your application in its entirety. In making any decision as to whether to withdraw or not, you should take note of the sections on closure of credit accounts.

9.5 Appeals

A statutory right of appeal to the adjudicator to Land Registry is available in respect of applications for an NAA (Network Services) only. You may appeal if your application has been rejected or, subsequently, if an existing NAA is terminated by Land Registry, and you are aggrieved by the decision. We will tell you how to contact the adjudicator if we reject your application.

9.6 Approval of your application

Once we have satisfactorily completed all of the relevant checks associated with your application, Land Registry will make arrangements to allow you to become an active user of our systems and services. Firstly, we will set up accounts for you, your responsible person and your nominated administrator/s, as they will be responsible for the creation of all individual user accounts within your organisation.

Various security credentials will be issued to your administrator, together with information on training materials. These will enable your administrator to begin setting up accounts for individual users, so that they are able to start using services.

Every administrator will receive, by recorded post, one security token for his or her own use when creating or updating accounts, along with their personal user ID. In addition, they will be provided, by separate communication via their chosen medium, with a unique password. This must be changed when they first login to the system.

The responsible person will also be sent their personal user ID by post and, by separate communication via email, a unique password. This must be changed when they first login to the system. They will also receive a communication confirming that your application has been successful and what, if anything, they should do next.

Details of any new key numbers allocated to VDD accounts will be sent to the named contact on the VDD application form. Your administrator will require any allocated key numbers when first creating new user accounts.

We will also write to the named contact on the application for service form, enclosing, where appropriate, the Land Registry signed and dated copies of the NAA and MoU for your retention.

9.7 Speed of service

Provided your application for services is not subject to any defects that require us to seek additional information or action from yourselves, we expect to have it completed within 15 working days.

10 General information

With regard to the information and details you will have provided in your application form, you should note the following.

Land Registry will not sell your details to third parties. If you would like further information on our privacy policy then please refer to www.landregistry.gov.uk/privacy.

You should also note that Land Registry is subject to the requirements of the Freedom of Information Act 2000. You may be asked to assist and co-operate with Land Registry to comply with its disclosure obligations. The information provided by Land Registry is Crown copyright. For details please see www.landregistry.gov.uk/professional/information/foi and www.landregistry.gov.uk/professional/information/copyright.

We will expect you to comply with such regulations, conditions or restrictions, whether as to accessing, utilising, storing or otherwise dealing with the data as may from time to time apply, including, but not limited to, those laid down by the Data Protection Act 1998.

You can get more details by referring to www.landregistry.gov.uk/professional/information/data-protection

11 Definitions

Legal entities

By this we mean something that has a legal personality, or a recognised legal structure, such as a limited company, a PLC (public limited company), a partnership, a limited liability partnership, a limited partnership, a sole practitioner, a local authority, or a government department. That legal personality, if it is not an individual person, may be a result of statute.

Company

When a company is formed under the Companies Act 1985, and registered at the Companies Registry, the company acquires a legal personality quite distinct from that of its members. It can sue and be sued, is liable for taxation and can own property including machinery, goods, equipment and estates.

Limited liability partnership

An LLP has a separate legal identity from its members. It can hold property in its own right and has unlimited powers to deal with estates.

LLPs are corporate bodies registered at the Companies Registry under the Act. Regulations made under the Act apply a number of provisions of the Companies Act 1985 to LLPs.

Partnership

A partnership is defined by s.1, Partnership Act 1890 as the relationship, which subsists between persons carrying on a business in common with a view to profit. Although a general partnership (often called "the firm") may sue and be sued in the firm's name, the firm is not a separate legal entity in its own right and so may not be registered as the proprietor of an estate or a charge. For the purposes of signing up customers to the portal, Land Registry will be signing up the partnership rather than the individual solicitors/conveyancers in the partnership.

Limited partnership

A limited partnership is a special type of partnership set up under the Limited Partnership Act 1907 (the Act). The Act enables a person to become a sleeping partner who, although he has contributed to the business, is not involved with the management of it and has only a limited liability to the creditors. In a limited partnership, there must be at least one partner whose liability is not limited in this way.

Therefore a limited partnership consists of:

one or more persons called general partners, who are liable for all debts and obligations of the firm and

one or more persons called limited partners, who contribute a sum or sums of money as capital, or property valued at a stated amount. Limited partners are not liable for the debts and obligations of the firm beyond the amount contributed (s.4 (2) of the Act).

The Registrar of Companies has to keep an index and a register of limited partnerships. There are very few limited partnerships in existence.

Sole practitioner

A sole practitioner may have employees, but will not have partners. The sole practitioner is the person with legal responsibility. Perhaps confusingly, some sole practitioners practice law using a trading name that suggests that they are a partnership or company, such as Jones and Sons, Smith and Co, Youngs Solicitors.

For alternative formats please contact Customer Support on 0844 892 1111.

Issued by Land Registry Corporate Marketing Services September 2011

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