Practice Guide 57 – Exempting documents from the general right to inspect and copy

Updated: October 2011

Update

This edition of the guide replaces the November 2008 edition. Amendments have been made as a result of the Land Registration (Amendment) Rules 2011, which change the definition of ‘conveyancer’ to make it consistent with the Legal Services Act 2007.

Scope of this guide

This guide gives advice on:

• exempting a document from the general right to inspect and copy under the Land Registration Act 2002 because it contains prejudicial information

• obtaining a full copy of an exempt information document if you need one

• withdrawing the exempt status.

It is aimed at legal practitioners, companies and private individuals and you should interpret references to ‘you’ accordingly. Land Registry staff will also refer to it.

1 Abbreviations and terms used

In this guide:

‘conveyancer’ means an authorised person within the meaning of s.18, Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (r.217A, LRR 2003)

‘DPA 1998’ means the Data Protection Act 1998

‘exempt information document’ means the original unedited document or copy for which exemption is claimed

‘edited information document’ means the copy of the document that excludes the prejudicial information following one or more successful applications to exempt a document

‘FOIA 2000’ means the Freedom of Information Act 2000

‘LRA 1925’ means the Land Registration Act 1925

‘LRA 2002’ means the Land Registration Act 2002

‘LRR 2003’ means the Land Registration Rules 2003

‘prejudicial information’ – r.131 defines this as:

(a) information that relates to an individual who [has applied for the document to be designated an exempt information document] and if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, cause substantial unwarranted damage or substantial unwarranted distress to the applicant or another; or

(b) information that if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, prejudice the commercial interests of the applicant [ie the person who applied for the document to be designated an exempt information document].

2 Introduction

All documents are open to inspection and copying by anyone as of right under s.66, LRA 2002. This right is referred to in this guide as the ‘general right of inspection under the LRA 2002’.

The general right of inspection under s.66(1), LRA 2002 is subject to certain exceptions under s.66(2), LRA 2002.

The LRR 2003 include important provisions to allow documents that contain prejudicial information to be exempt from the general right of inspection under the LRA 2002. This guide explains how to make applications to designate documents as exempt information documents and so gain this exemption.

It also covers how to make applications for official copies of exempt information documents, including points that applicants should be aware of.

It covers how to withdraw the exempt status when it is no longer required.

This guide takes into consideration the FOIA 2000, that came into effect on 1 January 2005. See also Public Guide 15 – Your rights under the Freedom of Information Act 2000.

Copies of all our guides and application forms are available free from Customer Support (see Contact details) or you can download them from our website.

Once you have completed your application form, look at Remember in this guide.

We have a number of local offices and they each deal with different areas of the country. You need to send your application to the office that serves the local authority area you gave on the application form. If you are not sure of the correct office, you can phone us (see Contact details). You can also find this information on our website.

3 Applying to make a document an exempt information document

Some documents may contain prejudicial information that you do not want made public. You can apply at any time for such a document to be designated an exempt information document under r.136, LRR 2003, as long as the document falls within the definition of ‘relevant document’ in r.137, LRR 2003.

A ‘relevant document’ is a document:

• referred to in the register of title, or one that relates to an application to the registrar, the original or a copy of which is kept by the registrar, or

• that will be referred to in the register of title as a result of an application (the ‘accompanying application’) made at the same time as an application under this rule, or that relates to the accompanying application, the original or a copy of which will be or is for the time being kept by the registrar.

You must use forms EX1 and EX1A – see sections 3.5 Completing form EX1 and 3.6 Completing form EX1A for guidance on how to complete these. Because of the nature of the information you will need to supply, form EX1A is exempt from the general right of inspection under the LRA 2002. The EX1 and any correspondence will be open. You must, therefore, take care that any letters you write do not themselves reveal the claimed prejudicial information.

A fee is payable under the current Land Registration Fee Order.

When your application is received, it will be entered on the day list (our database of pending applications). At that time we will place restrictions on the rights to inspect and make copies. These will remain until your application has been considered (and, if successful, completed).

If successful, only a copy of the edited information document omitting the prejudicial information will be subject to the general right of inspection under the LRA 2002. Access to the exempt information document itself will, however, be available to the police and certain others applying under r.140, LRR 2003 or following a successful application in form EX2 or under the FOIA 2000 (see section 6 Applying for an official copy of an exempt information document).

3.1 How to edit the document

The application must be accompanied by a copy of the document which is the subject of the application. This copy must comply with r.136(2), LRR 2003, which means that it needs to have excluded what is claimed to be the prejudicial information and the words ‘excluded information’ should appear where the prejudicial information has been removed. Also, it must be certified as being a true copy of the relevant document from which copy this information has been excluded. So it might be certified along the following lines.

‘I, [name], certify that this is a copy of the [description of document] dated [date of document] after removal of all the ‘prejudicial information’ within the meaning of r.131 of the Land Registration Rules 2003 and (wherever appropriate) includes the words ‘excluded information’ as required by r.136(2)(b), and that it is otherwise a true copy. [Signature and date.]’

If the application leads to designation, this copy becomes the ‘edited information document’ and will be subject to the general right of inspection under the LRA 2002.

The edited copy need not be a photocopy, but it must contain all the information in the original that is not to be exempted. Accordingly, unless you believe that you have grounds for exempting the execution clause of the document, these details must appear in full, though they can be typed rather than photocopied. It is necessary to transcribe the signatures – it is not sufficient to say ‘illegible’ or ‘duly executed’. You should also ensure that sufficient details are included to show that the document has been duly stamped (eg details of the amount of duty impressed and of any PD stamp) unless you have grounds for exempting this information.

You should edit the document to exclude only the prejudicial information. We will not accept applications that omit large sections of a document without apparent good reason.

We strongly recommend that you edit the document by leaving white space where the text would be, rather than simply deleting text that may alter the layout and page numbering. An easy way to do this is to turn the text white so that it does not appear in the printed version and the words ‘excluded information’ must appear in the document in the resulting space.

You should not exclude information that needs to be included in the register, such as the price paid in a transfer or lease, or clauses containing an easement or a restrictive covenant. Applications that exclude such information may be cancelled on the basis that designation could prejudice the keeping of the register.

If we designate a document as an exempt information document this may not prevent the information being disclosed in the register as a result of a subsequent application. For example, if the amount secured by a charge were omitted from the edited information document, we would still register a subsequent application to note the maximum amount secured by the charge.

Where information from a document already appears in the register this will not be removed. We take the view that this would prejudice the keeping of the register. In any event, the information would still be available on a historical copy of the register.

3.2 Which documents are covered by exemption

3.2.1 Copy documents held by Land Registry

Land Registry will treat as exempt information documents:

• all copies Land Registry makes of documents designated as exempt information documents

• all copies of documents so designated made by another party and lodged at Land Registry at or before the application for exemption.

In other words, copies of exempt documents made outside Land Registry and received by us after the date of the EX1 application will not be treated as exempt information documents.

3.2.2 Counterpart and duplicate documents

Counterpart leases and any other counterpart or duplicate documents are to be treated as separate documents for the purposes of exemption.

If you wish to exclude information therein from the general right of inspection under the LRA 2002 you must make a separate application in form EX1.

3.3 General or bulk exemption

There is no provision in the LRA 2002 or the LRR 2003 for an applicant to obtain a general exemption for all examples of a specific document (eg a charge or lease in standard form). If you believe that a deed contains prejudicial information, you must submit forms EX1 and EX1A with each individual application.

3.4 Registration conditional on exemption

Where an application for exemption accompanies another application for registration, you may specify (if you wish) that your application for registration is not to proceed in the event that the application for exemption is unsuccessful.

If so, you must make the conditionality of the substantive application absolutely clear.

3.5 Completing form EX1

Panel 1 – Local authority serving the property

This is stated in the register. It is usually the district council, London borough or other authority to which you pay your council tax and business rates.

Panel 2 – Title number(s) of the registered estates to which the document relates

Give the title number or numbers against which the application to the registrar in respect of that document relates. If you do not know the title number (for example, if the form accompanies a first registration application) then leave this blank.

Panel 3 – Property

Insert the full postal address. If there is no postal address, insert a full description of the land, for example ‘land adjoining 2 Acacia Avenue’. If you have not quoted the title number and there is no postal address, then please supply a plan showing the extent and exact location of the property.

Panel 4 – Title number under which this document is held (if different from that in panel 2)

Some register entries have a note saying the document is filed under another title number or reference. If you know what this is, insert the reference here. We also hold some documents that affect large commercial organisations and transactions under file references at Land Registry Head Office - for example HO ref: 261/331/123. If this is the case, insert the reference here.

Panel 5 – Application and fee

A fee is payable under the current Land Registration Fee Order. Information about fees can be found on our website at the address given in the panel. Please enclose the fee with your application and make cheques or postal orders payable to ‘Land Registry’.

Panel 6 – The applicant

Insert the details of the person or company who is sending the application to us. If you are applying on behalf of someone else, insert their name and address here.

Panel 7 – This application is sent to Land Registry by

If we have any questions about the application, we will send them to the name and address in this panel. If we receive an application for a copy of the exempt information document and need to serve a notice, we will send it to the name and address in this panel.

Panel 8 – Applicant’s address

It is important that this address is correct and up to date. If the address changes, you or the person named in panel 7 should write to the Land Registry office to which this application was sent informing them of the new details. We will accept up to three addresses for service, including an email address.

Panel 9 – Provide details of the document that the applicant claims contains prejudicial information

Insert details of the document you are applying to have designated as an exempt information document. You must send us a copy of the document that excludes the prejudicial information (the edited information document). We must also have a full copy of the exempt information document. We should already have a copy of this in our files unless you are lodging it for the first time with an accompanying application.

Panel 10 contains the words of application and your certificate that the edited copy is a true copy of the original (except for the omitted information).

Panel 11 – Signature of applicant

Sign and date this panel.

3.6 Completing form EX1A

Complete panels 1 and 2 in the same way as you completed panels 2 and 3 on the EX1.

Panels 3 and 4 contain information already included on form EX1, but is essential in case the forms become detached.

Panel 5 – Reasons for application

Complete this panel with the reasons why you believe the document contains prejudicial information. As form EX1A is exempt from the general right of inspection under the LRA 2002, you can include specific details if necessary. However, this will not prevent anyone making a request for information under the FOIA 2000, in which case, depending on the nature of the information, Land Registry might have to disclose the information if the public interest in disclosure outweighs that in favour of not doing so.

Avoid adding extra information in an accompanying letter because this will be subject to the general right of inspection under the LRA 2002. If there is not enough room in panel 3 of the form EX1A, continue on form CS and staple to form EX1A.

4 Further applications to exempt the same document

An application may already have been made to designate a document an exempt information document.

Where this happens, you should send us an edited information document omitting only the prejudicial information you wish omitted.

You should do this even if the information you wish to be made exempt is exactly the same as that omitted from any existing edited information document. The reason for this is that it is possible that the other party may apply to withdraw the designation when you still require the information to be restricted.

We will create a further edited information document excluding the information from all edited information documents that have been lodged. This is the edited information document that will then be generally available. The edited information documents lodged with each separate application will be retained by us but will not be subject to the general right of inspection under the LRA 2002.

The table opposite shows examples of what we will keep and whether access will be open or restricted. Please note that by ‘open’ and ‘restricted’ we mean subject to and outside the general right of inspection under the LRA 2002. 

5 Transferring the benefit of an exempt information document

You cannot pass the benefit of the EX1 exemption to someone else, for example if you sell the land or the charge. The exemption will continue until withdrawn (unless the registrar removes it under r.137(5), LRR 2003 – see section 6 Applying for an official copy of an exempt information document). However, only the person who applied for the exemption can apply to have the designation removed. In most cases it will, therefore, be advisable for the original designation to be removed and for a new EX1 application to be lodged.

6 Applying for an official copy of an exempt information document

If you apply for an official copy of an exempt information document using form OC2, you will receive a copy of the edited information document. This should be sufficient for most purposes. However, if it is not suitable for your needs, you can apply for an official copy of the full copy of the exempt information document. (For information – the exempt information document contains all the prejudicial information. We will refer to it in this section as the ‘full copy’ to make it easier to distinguish from the ‘edited information document’.)

To apply for the full copy of the exempt information document, you may use form EX2 or apply in writing (that can be by email or fax) under the FOIA 2000.

Fee for full copies of an exempt information document are charged at the same rate, whether made in form EX2 or under the FOIA 2000, as for other official copies. For details see the current Land Registration Fee Order.

No further fee is payable for a request under the FOIA 2000 for specific information that has been exempted from a document (for example, the rent in a lease) if the applicant has already applied and paid a fee for an official copy of a document that is an exempt information document, and has received a copy of the edited information document.

The issue of a full copy is not automatic. Although there is no requirement under the FOIA 2000 for you to give reasons, they may assist your application and we will consider these. Under the LRR 2003 there are two grounds on which a full copy can be issued.

• None of the information omitted is prejudicial information.

• Although the information is prejudicial information, the public interest in allowing a full copy to be issued outweighs the public interest in not doing so.

Under the FOIA 2000, Land Registry may need to determine whether the information omitted from the edited information document is ‘personal data’ under the DPA 1998, the disclosure of which would contravene any of the data protection principles in that Act. If it is, the information is exempt from the general right of access under FOIA 2000. If it is not, Land Registry has to apply essentially the same public interest test as under the LRR 2003. We will normally serve notice on any third party who may be affected by the decision to disclose information and they will have the opportunity to make representations to inform the decision-making process by the registrar.

Form EX2 and any letters are subject to the general right of inspection under the LRA 2002. You must, therefore, take care that anything you write does not contain any information you would not want made public. Similarly, any notice that we issue and any correspondence in response is also subject to the general right of inspection under the LRA 2002, unless accompanied by a fresh EX1 application.

Following an application made in form EX2 if we decide that we will issue a full copy on the basis that the omitted information is not prejudicial information, we must remove the designation and the document will become subject to the general right of inspection under the LRA 2002¹.

¹ R.137(5) Where the registrar has decided an application [in form EX2 for a full copy of the exempt information document] on the basis that none of the information is prejudicial information, the designation of the document as an exempt information document and any entry made in respect of the document under r.136(5) must be removed.

If we decide not to issue a full copy, you will be informed and given the reasons for the decision.

6.1 Completing form EX2

Panel 1 – Local authority serving the property

This is stated in the register and will be the local authority area to which council tax and business rates are normally paid.

Panel 2 – Title number(s) of the registered estate(s) to which the document relates

Give the title number or numbers of the register or registers in which reference is made to the document. You may have quoted this title number if you applied for a copy of the edited information document in form OC2.

Panel 3 – Property

Insert the full postal address of the property registered under the title number shown in panel 2. If there is no postal address, insert a full description of the land.

If you have not quoted the title number, insert the full postal address or a full description of the land. If there is no postal address, then please supply a plan showing the extent and exact location of the property.

Panel 4 – Title number under which this document is filed

Some register entries have a note saying the document is filed under another title number or reference. If you know what this is, insert the reference here. We also hold some documents that affect large commercial organisations and transactions under file references at Land Registry Head Office - for example HO ref: 261/331/123. If this is the case, insert the reference here.

Panel 5 – Application and fee

See the current Land Registration Fee Order for details of the fee payable. Insert the amount in this panel. If paying by cheque, postal order or cash complete the top box and statement. If paying by credit account complete the bottom box. Please do not complete both boxes. Please enclose the fee with your application and make cheques and postal orders payable to ‘Land Registry’.

Panel 6 – The applicant

Insert the details of the person or company who is sending the application to us.

Panel 7 – The application is sent to Land Registry by

If we have any questions about the application, we will send them to the name and address in this panel.

Panel 8 – Application

Insert details of the exempt information document you are applying for a copy of.

Panel 9 – Reasons why edited version is not sufficient

Please give reasons why the edited information document is not sufficient for your purposes.

Form EX2 is not exempt from the general right of inspection under the LRA 2002. You must, therefore, take care that anything you write in this panel and panel 10 does not contain any information you would not want made public.

Panel 10 – Reasons why you believe omitted information is not prejudicial or that there is a public interest in publication

Please complete one or both of the alternatives in this panel.

If we serve notice on any third party who may be affected by a decision to disclose the information, we will also consider any comments they give us. We will, however, always bear in mind our obligation to provide information under the FOIA 2000 within 20 working days (where the information is not exempt from the general right of access under that Act). If it seems likely that we are unable to meet this, we will inform you in advance and give you an estimate of the likely time it will take to deal with your request.

Panel 11 – Signature

Sign and date this panel.

7 Withdrawing the exempt status

Once the information is no longer considered to be prejudicial information, the person who originally applied for the exemption can apply to withdraw the document’s exempt status using form EX3. Only the original applicant can apply to withdraw the status.

There is no fee for this application.

Where another party has also applied for exempt status but has not yet lodged an EX3, we will create a further edited information document. This will omit only that information that is omitted from any edited information documents that have not yet been withdrawn. Where there has only been one application for designation as an exempt information document, we will simply remove the designation.

In some circumstances, the registrar must also remove the exempt status following an application for an official copy (see section 6 Applying for an official copy of an exempt information document).

7.1 Completing form EX3

Panel 1 – Local authority serving the property

This is stated in the register and will be the local authority area to which council tax and business rates are normally paid.

Panel 2 – Title number(s)

Give the title number or numbers of the register or registers in which reference is made to the document. If you do not know the title number then leave this blank.

Panel 3 – Property

Insert the full postal address. If there is no postal address, insert a full description of the land. If you have not quoted the title number and there is no postal address, then please supply a plan showing the extent and exact location of the property.

Panel 4 – Title number under which document is filed

Some register entries have a note saying the document is filed under another title number or reference. If you know what this is, insert the reference here. We also hold some documents that affect large commercial organisations and transactions under file references at Land Registry Head Office - for example HO ref: 261/331/123. If this is the case insert the reference here.

Panel 5 – Application and fee

See the current Land Registration Fee Order for details of the fee payable. Insert the amount in this panel. If a fee is payable and you are paying by cheque, postal order or cash complete the top box and statement. If paying by credit account complete the bottom box. Please do not complete both boxes. Please enclose the fee with your application and make cheques and postal orders payable to ‘Land Registry’.

Panel 6 – The applicant

Insert the applicant’s name. This is the name of the person applying to remove the designation, not their conveyancer.

Panel 7 – The application is sent to Land Registry by

Insert the details of the person or company who is sending the application to us. If we have any questions about the application, we will send them to the name and address in this panel.

Panel 8 – Details of the document

Insert the details of the exempt information document.

Panel 9 – Application

Insert the date of the original EX1 application where indicated.

Panel 10 – Signature

Sign and date this panel.

8 Enquiries and comments

If you have a particular concern that is not covered by this guide, please contact us in advance of the application (see Contact details). If the application is particularly complex, it may be better if you make your enquiry in writing at the Land Registry office that will process your application. Bear in mind letters are open to the general right of inspection under the LRA 2002.

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)

Remember

EX1 application

Have you:

• fully completed forms EX1 and EX1A? (See section 3 Applying to make a document an exempt information document.)

• enclosed a copy of the document omitting the information you claim is exempt?

• ensured Land Registry has a full copy of the document as:

• enclosed the fee?

Note that form EX1 and any letters written are subject to the general right of inspection under LRA 2002.

EX2 application

Have you:

• fully completed form EX2? (See section 6 Applying for an official copy of an exempt information document.)

• enclosed the fee?

Note that form EX2 and any letters written are subject to the general right of inspection under the LRA 2002.

EX3 application

Are you the person who applied for the document to be exempted?

Have you:

• fully completed form EX3? (See section 7 Withdrawing the exempt status.)

No fee is payable.