Registration of Deeds and Title Act 2006

Amendment of section 126.

72.— Section 126 (power to make rules and orders) of the Act of 1964 is amended—

(a) by the substitution of the following subsections for subsections (1) and (2):

“(1) The Registration of Deeds and Title Rules Committee established by section 74 of the Registration of Deeds and Title Act 2006, with the agreement of the Minister for Justice, Equality and Law Reform, may make general rules for carrying into effect the objects of this Act and, in particular, without prejudice to the generality of the foregoing, in respect of all or any of the following matters: 

(a) the form and content and the indexing of registers and registry maps;

(b) the authentication of documents relating to title;

(c) the procedures to be observed, precautions to be taken, notices to be given and evidence to be adduced in proceedings in connection with registration;

(d) the circumstances under which and the persons to whom reference is to be made in respect of the examination of any title to land for which an application for registration is made;

(e) the form and manner in which entries in registers are to be made, modified or cancelled;

(f) the order in which entries relating to land are to be made;

(g) the correction of errors in registers or maps or in any record connected with registration;

(h) the form and content of any document required or authorised to be used or given under or for the purposes of this Act;

(i) the conditions under which a new land certificate or certificate of charge may be issued in place of a lost, defaced or destroyed certificate;

(j) the inspection of and making of copies or reproductions of, or extracts from, any records in the custody of the Land Registry;

(k) the custody and preservation of records in the Land Registry;

(l) the taxation of costs of any proceedings in connection with registration and the persons by and to whom costs are to be taxed and paid;

(m) the entering into security for the costs of appeal under this Act;

(n) any other matter referred to in this Act as prescribed.

(2) The Committee, in determining for the purposes of this Act—

(a) whether the duration of a lease or of the unexpired portion of a lease, as specified in the Act, should be altered, and

(b) if so, the extent of the alteration to be prescribed by it,

shall have regard to the Authority’s function to promote and extend registration of ownership of land and to the resources available to the Authority for performing that function.”,

(b) by the deletion of subsection (4).