Land Registration Bill [Lords] – in a Public Bill Committee at 11:15 am on 13 December 2001.
Bill Cash
Shadow Attorney General
11:15,
13 December 2001
I beg to move amendment No. 80, in page 43, line 41, leave out from 'under' to end of line 42 and insert
'Part 11 or section 119'.
The amendment relates to the interpretation of the Bill as a whole. We propose amending the definition of land registration rules so that it would read: ''Land registration rules means any rules under this Act other than rules under part II or section 119'', deleting the other provisions that are included within the definition of land registration rules. The Minister knows what that would entail, and we have already been over related matters in the past, but it would be helpful to know where he stands at the present time.
Michael Wills
Parliamentary Secretary, Lord Chancellor's Department, Parliamentary Secretary (Lord Chancellor's Department)
The Bill makes a clear distinction between land registration rules that relate to the detailed operation of the current land registration system and the new rules on electronic conveyancing supported by network access agreements. Land registration rules made under the Bill will continue to be prepared as they are under the current system by Land Registry lawyers internally and approved by the Land Registration Rule Committee. They will then be submitted to the Lord Chancellor and be subject to the negative resolution procedure.
Greater scrutiny is needed to support the novel arrangements for e-conveyancing. There will need to be wide consultation with stakeholders at various stages during the design process and greater scrutiny of the supporting rules. The Bill provides that the Lord Chancellor will consult such persons as he considers appropriate. The members of the rule committee, with their expertise in land registration, will be among the consultees. Their involvement may actually begin at an earlier stage than in the normal process.
The Bill's drafting allows for greater flexibility to produce the rules in the most appropriate way. I remind the hon. Gentleman that the rules will be subject to the affirmative resolution procedure. There is therefore no need for additional controls to ensure that the appropriate steps are taken to consult with all the appropriate people. I hope that he will withdraw the amendment.
