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Please telephone 0161 866 8999 for additional information

Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Assignment of Leases and Business Premises 

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

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Leases and Business Premises
 
Exemption of documents from general right to inspect and copy

In this section:
'Conveyancer' means a Solicitor, a licensed Conveyancer within the meaning of section 11(2) Administration of Justice Act 1985, a Fellow of the Institute of Legal Executives, a Barrister, a duly certified notary public, or a registered European Lawyer (as defined) (rule 217(1) Land Registration Rules 2003). Where appropriate they include in-house Conveyancers as well as those in private practice;
'DPA 1998' means the Data Protection Act 1998;
'exempt information document' means the original unedited document or copy for which exemptions is claimed;
'edited information document' means the 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' - rule 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].


All documents are open to inspection and copying by anyone as of right under section 66 Land Registration Act 2002.  This right is referred to in this section as the 'general right of inspection under the Land Registration Act 2002.

The general right of inspection under section 66(1) Land Registration Act 2002 is subject to certain exceptions under section 66(2) Land Registration Act 2002.

The Land Registration Rules 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 section explains how to make application 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 Conveyancing Solicitors and Property Lawyers for the applications should be aware of.

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

This section takes into consideration the FOIA 2000, that came into effect on 1 January 2005.

Land Registry have a number of local offices and they each deal with different areas of the country. Conveyancing Solicitors and Property Lawyers need to send the application to the office that serves the local authority area given on the application form.


Applying to make a document an exempt information document

Some documents may contain prejudicial information that Conveyancing Solicitors and Property Lawyers do not want made public.  Conveyancing Solicitors and Property Lawyers can apply at any time for such a document to be designated an exempt information document under rule 136 Land RR 2003, as long as the document falls within the definition of 'relevant document' in rule 137 Land RR 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.
           
 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers for Assignment of Leases 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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Manchester City Centre Serviced Office - Conference rooms are also available by prior appointment at:
Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors 
Pall Mall Court 
King Street
Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 


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