Practice Guide 43 – Applications in connection with court proceedings, insolvency and tax liability

Updated: June 2012

Update

This edition of the guide replaces the April 2012 edition. Section 9.3 has been added to give information about electronically lodged applications.

Scope of this guide

This guide gives advice on obtaining information held by Land Registry.

It is intended solely for the use of:

• Crown Prosecutors

• Police

• the Serious Organised Crime Agency

• Commissioners for Her Majesty’s Revenue & Customs

• others entitled to inspect documents pursuant to the provisions of r.140, Land Registration Rules 2003.

1 Abbreviations used

In this guide:

‘FOIA’ means the Freedom of Information Act 2000

‘IOPN’ means the Index of Proprietors’ Names

‘LRA 2002’ means the Land Registration Act 2002

‘LRR 2003’ means the Land Registration Rules 2003.

2 Introduction

Details of the documents available from Land Registry pursuant to s.66, LRA 2002 are set out in Practice Guide 11 – Inspection and applications for official copies.

This guide deals with applications made by those persons named in Schedule 5, LRR 2003. It describes how those persons should apply for copies of documents and records held by Land Registry, and details the additional services available to them.

R.140, LRR 2003 sets out the right of those persons named in Schedule 5, LRR 2003 to inspect and obtain copies of documents, or to make a search of the IOPN in connection with:

• criminal proceedings

• civil recovery

• insolvency, or

• tax liability.

A current list of the persons/bodies referred to in Schedule 5, LRR 2003 can be found in the Appendix to this guide.

3 How to apply

3.1 Use of correct form

We strongly recommend that you use form CIT to make your request on every occasion.

Staple, or otherwise permanently attach, form CIT to the additional application forms that you complete as part of your enquiry (see section 4 Information available from Land Registry).

3.2 Public inspection of application forms

Application forms for official copies of records or documents held by Land Registry are open to inspection.

Form CIT, and any other form you attach to form CIT as part of your application, are not open to public inspection in this way.

This means that if you do not use form CIT to make your application, Land Registry is under a statutory obligation to issue official copies of any application form you use, or correspondence connected with it, in response to a request from any party (s.66, LRA 2002).

Please also bear in mind that, under r.140(3), LRR 2003, the additional powers of inspection open to you are only available when you use form CIT. See section 4.1 General for more information regarding this.

Please note that there is no equivalent to attaching form CIT to an application when the application is by way of the Land Registry portal. The portal does allow applications to be made for documents such as an official copy of a register, but a record is retained of the application which we might have to reveal if, say, a request is made for information about applications made against a particular registered title. For more information see section 9.3 Electronically lodged applications.

4 Information available from Land Registry

4.1 General

Please provide as much detail as possible regarding the property and documents you are interested in, as this will allow us to trace the correct material more easily. If the property about which you are making your enquiry does not have a postal address, you may need to supply a plan showing the extent of the property so that we can be sure of supplying you with the information you require.

If you complete more than one application form for the same enquiry, it is only necessary to complete the common parts of the application forms once.

R.136, LRR 2003 allows applicants to request Land Registry to designate documents ‘exempt information’ documents on the grounds that they contain prejudicial information of a commercial or personal nature. If a document is so designated, only an edited copy of the document, excluding the prejudicial information, is normally available for inspection or copying.

This exemption does not apply where you are making an application for either inspection or official copies of documents under the provisions of r.140, LRR 2003, provided that you make your application using form CIT. We will then be able to provide you with a complete copy of the document in our possession.

4.2 Inspection of register, title plan and documents

If you wish to inspect the register, title plan or documents held by Land Registry, you should mark the first tick box in Part 1 of form CIT and complete form PIC.

You are advised to make an appointment for your visit to ensure that the files you wish to inspect are available on arrival.

You can find further information regarding the use and completion of form PIC in Practice Guide 11 – Inspection and applications for official copies.

4.3 Official copies of register and title plan

If you wish to obtain official copies of the register or title plan, you should mark the second tick box in Part 1 of form CIT and complete form OC1.

You can find further information regarding the use and completion of form OC1 in Practice Guide 11 – Inspection and applications for official copies.

4.4 Official copies of documents

If you wish to obtain official copies of documents held by Land Registry, you should mark the third tick box in Part 1 of form CIT and complete form OC2.

You can find further information regarding the use and completion of form OC2 in Practice Guide 11 – Inspection and applications for official copies.

4.5 Copies of historical editions of the register and title plan

If you wish to obtain copies of historical editions of the register or title plan, you should mark the fourth tick box in Part 1 of form CIT and complete form HC1.

You can find further information regarding the use and completion of form HC1 in Practice Guide 11 – Inspection and applications for official copies.

4.6 Search of the index map

If you wish to make a search of the index map, you should mark the fifth tick box in Part 1 of form CIT and complete form SIM.

You can find further information regarding the use and completion of form SIM in Practice Guide 10 – Official searches of the index map.

4.7 Search of the index of relating franchises and manors

If you wish to make a search of the index of relating franchises and manors, you should mark the sixth tick box in Part 1 of form CIT and complete form SIF.

You can find further information regarding the use and completion of form SIF in Practice Guide 13 – Official searches of the index of relating franchises and manors.

4.8 Search of the Index of Proprietors’ Names

If you only know the name of the person in respect of whom you are enquiring, you can make a search of the IOPN to establish what registered property they own.

If you require a search of the IOPN you should mark the seventh tick box in Part 1 of form CIT and complete form PN1.

If you require a search of the IOPN and you want us to supply you with official copies of the register of all title numbers revealed, you should mark the eighth tick box in Part 1 of form CIT and complete form PN1.

5 Completion of certificates

Certificates A to Q in Part 2 of form CIT set out the various authorities under which you may make your application.

You must complete the appropriate certificate from those in Part 2 or we will not be able to process your application.

Please ensure that you tick all necessary boxes and fill in all sections of the required certificate before submitting your application.

If you do not do so, we will be unable to provide you with the information you have requested.

If you are unsure as to which certificate to apply under, please see the Appendix to this guide for guidance. If you have any further enquiries please contact the officer dealing with police enquiries at the Land Registry office to which you will be applying.

You must also complete panel 4 on page 2 of the application form. The person giving the certificate must sign this section.

6 Admissibility of copies produced as evidence

We understand that it may be necessary to produce to a court copies of registers, title plans or documents that you have obtained from Land Registry.

6.1 Official copies

S.67, LRA 2002 reads as follows:

‘67 Official copies of the registers etc

(1) An official copy of, or of a part of –

(a) the register of title,

(b) any document which is referred to in the register of title and kept by the registrar,

(c) any other document kept by the registrar which relates to an application to him, or

(d) the register of cautions against first registration, is admissible in evidence to the same extent as the original. [our emphasis]

(2) A person who relies on an official copy in which there is a mistake is not liable for loss suffered by another by reason of the mistake’.

The effect of this section is that an official copy of any register, title plan or document that Land Registry provides is to be treated as admissible in evidence.

If you consider that the production of the official copy in court may need to be supported by a witness statement or, in exceptional cases, the personal attendance of a member of our staff, please make initial contact with the Land Registrar at the relevant Land Registry office.

6.2 Production of original documents

For the above reasons, it will not be necessary to produce the original documents to you in the majority of cases, since an official copy thereof is admissible to the same extent as the original.

If, however, you do feel that you require the original document in our possession (for example for forensic investigation), r.205, LRR 2003 allows Land Registry to release an original document, where it is held in our files, on such terms as we think appropriate.

Where necessary, you should apply in the form of a letter on headed notepaper, setting out:

• details of the document you require

• the purpose for which you require it

• why an official copy of the document would not be sufficient

• how long you expect to hold the document before returning it to us.

6.3 Section 14, Police and Criminal Evidence Act 1984

The registrar considers that the information held by Land Registry will be ‘special procedure material’ within the meaning of s.14, Police and Criminal Evidence Act 1984 (1984 Act).

However, it is also the registrar’s view that, because of the provisions of ss.66 and 67, LRA 2002 as to the information held or documents which can be produced, the information can be provided without recourse to the powers conferred under s.9 and Schedule 1, 1984 Act.

7 Freedom of Information Act 2000

Applications made under r.140, LRR 2003 using form CIT, together with all documents created by Land Registry when dealing with such applications, will generally be exempted from the FOIA by virtue of s.31 of that Act. Although exempt, the FOIA still confers a discretion on whether information should be released, but this is likely to be exercised only rarely in favour of the applicant.

8 Fees

Please note that a fee is payable for providing the services listed in section 4 Information available from Land Registry. Details of our fees are set out in the current Land Registration Fee Order.

9 Urgent applications

We deal with any application made by an applicant listed in Schedule 5, LRR 2003 as a matter of urgency, and will give a response as soon as possible, normally within 48 hours. We do understand that, because of the nature of the work undertaken, you may find that you require information more urgently.

If this is the case, you may submit your application in form CIT (and any other appropriate application form(s)) by fax. Please see section 9.1 Fax applications. Very occasionally, the urgency may be such that you wish us to supply you with information over the telephone. Please see section 9.2 Requests for information by telephone.

9.1 Fax applications

9.1.1 Submitting applications by fax

If you intend to make an application by fax, please ask the Land Registry office to which you intend to submit the application for their fax number.

You can send your fax application to us at any time between 8am Monday and 4pm Friday except:

• after 4pm on the day before a public holiday

• on public holidays

• before 8am on the day after a public holiday.

Please complete your fax transmission in black ink or type and use the ‘fine’ mode for transmission where available.

9.1.2 What can I send by fax?

You can make applications by fax for the following services only.

• Official copies of the register and title plan (see section 4.3 Official copies of register and title plan).

• Official copies of documents (see section 4.4 Official copies of documents).

• Historical editions of the register and title plan (see section 4.5 Copies of historical editions of the register and title plan).

• Search of the index map (see section 4.6 Search of the index map).

• Search of the index of relating franchises and manors (see section 4.7 Search of the index of relating franchises and manors).

• Search of the Index of Proprietors’ Names (see section 4.8 Search of the Index of Proprietors’ Names).

9.1.3 Application forms referring to plans

If any application form attached to your form CIT refers to a plan then please note that:

• the plan must be a copy or an extract from an Ordnance Survey map at the largest scale published for that area

• the plan must be no greater than A4 size (297mm x 210mm)

• the land referred to in the application form must be clearly identified on the plan by suitable edging or hatching.

9.1.4 Fees

If you wish to make an application by fax, you must either:

• make your payment by credit account, or

• undertake to submit the appropriate fee within three working days.

9.1.5 Issue of information by fax

If necessary, we can fax to you a plain copy of a register and/or title plan and documents (if they are not more than six pages and do not involve large plans). Please note that these faxed copies do not have the status of official copies as set out in s.67(1), LRA 2002 (see section 6.1 Official copies). We will post the official copies separately by first class post.

9.2 Requests for information by telephone

If you feel that this may be necessary, please contact the Land Registry office to which you will be making your application and we will be happy to discuss your circumstances and how we can assist. It is difficult to envisage a circumstance in which we would provide information beyond the name and address of a registered proprietor by telephone.

NB: Whatever form your application takes, you must still:

• complete and submit the appropriate application forms

• pay the necessary fee.

9.3 Electronically lodged applications

Please note that an application in form CIT cannot be submitted by way of the Land Registry portal. The portal does allow applications to be made for documents such as an official copy of a register but a record is retained of the application which we might have to reveal if, say, a request is made for information about applications made against a particular registered title.

If you wish to lodge applications electronically, such as for an official copy of the register, you may wish to consider applying for your customer account details with Land Registry to be altered to conceal your identity. Any customer who requires an anonymised account should submit a written application in their own name. This should be sent to Customer Support.

10 Enquiries and comments

If you have a particular concern which is not covered by this guide, please contact Land Registry in advance of the transaction – see Contact details. If the transaction is particularly complex, it may be better if you make your inquiry in writing at the Land Registry office which will process your application.

If you contact us, please direct your correspondence for the attention of the officer dealing with police enquiries.

If you have any comments or suggestions about our guides, please send them to:

Central Operations Group
Land Registry
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ

(DX 8888 Croydon 3)

You can obtain further copies of this and of all our guides free of charge from Customer Support (see Contact details) or you can download them from our website.

11 Appendix – The current list of persons/bodies in Schedule 5 LRR 2003

Applicant	Certificate in form CIT
An accredited financial investigator falling within section 378(1)(b) of the Proceeds of Crime Act 2002	Certificate H
An accredited financial investigator falling within section 378(4)(a) of the Proceeds of Crime Act 2002	Certificate N
An administrator appointed for the purposes of the Insolvency Act 1986	Certificate K
An administrator appointed under section 13 of the Criminal Justice (Scotland) Act 1987	Certificate J
A Chief Officer of Police or a police officer authorised to apply on behalf of a Chief Officer	Certificates A, B, C, D, E or G
A person authorised to apply by the Commissioners for Revenue & Customs and having the consent of a General/Special Commissioner to make the application	Certificate L
The Director of Revenue & Customs Prosecutions or a member of the Revenue & Customs Prosecution Office authorised to apply on behalf of the Director	Certificates A, B, C, D, E, H or I
An officer of Revenue & Customs	Certificates A, B, C, D, E, H or N
A constable	Certificates H or N
The Director General of the Serious Organised Crime Agency or a member of the Serious Organised Crime Agency authorised to apply on behalf of the Director General	Certificates H, I, M or O
The Director of Public Prosecutions or a member of the Crown Prosecution Service authorised to apply on behalf of the Director	Certificates A, B, C, D, E or I
The Director of the Serious Fraud Office or a member of the Serious Fraud Office authorised to apply on behalf of the Director	Certificates A, B, E or I
The Director General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director General	Certificate F
A liquidator appointed for the purposes of the Insolvency Act 1986	Certificate K
The Lord Advocate or a person conducting a prosecution in Scotland on behalf of the Lord Advocate	Certificates C, D, H or N
The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland	Certificate K
An official receiver for the purposes of the Insolvency Act 1986	Certificate K
A receiver appointed under the Criminal Justice Act 1988, the Drug Trafficking Act 1994 or the Proceeds of Crime Act 2002	Certificate J
A person authorised by the Secretary of State for Business, Innovation and Skills	Certificates A, B or E
A person authorised by the Secretary of State for Work and Pensions	Certificates A or B
A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland	Certificate K
An authorised person within the meaning of s.108(15) of the Environment Act 1995	Certificate P
Director of Enforcement at the Financial Services Authority or a member of the FSA authorised to apply on behalf of the Director of Enforcement	Certificate Q