162 / 328
(2) In respect of all sales, purchases, or charges com
pleted, or not completed, for which the remuneration pre
scribed by the foregoing provisions of this rule is not charge
able, the remuneration shall be the charges prescribed by
clause 2 (V) ofthe Order of 1884 amended by the Order of 1960
as varied by these Rules.
Leases and fee-
8. The provisions of clause 2
(b)
of the Order
farm grants.
of ^84 shallbe varied as follows:
(i) The remuneration for leases or agreements for leases
at rack rent (other than mining leases or leases for
building purposes or agreements for the same) shall
be the charges set out in the First Schedule to these
Rules.
(ii) The remuneration for conveyances in fee or for any
other freehold estate reserving rent (not being a fee-
farm grant under the Renewable Leasehold Conver
sion Act or the Church Temporalities Acts), or
building leases reserving rent, or other long leases
not at rack rent or agreements for the same respec
tively, mining leases or licences or agreements for
therefor shall be double the charges set out in Part
II of Schedule I to the Order of 1884.
(iii) Rule 5 of the Rules applicable to Part II of Schedule I
ofthe Order of 1884 is hereby modified so that, where
the conveyance or lease is partly in consideration of
a money payment or premium, the further remunera
tion chargeable on such payment or premium shall
be ascertained as prescribed in Rule 7 of these Rules.
9.—(i) The provisions of clause 2
(c]
of the
Other business
Order of 1884 and the Order of 1960 shall be
varied as follows:
(i) For all charges on any transfer (not being a transfer on
sale) by a registered owner, or his personal representa
tive where the property vests in the personal repre
sentative, including charges for instructions and for
the drawing, engrossing, execution and completion
of the instrument and any consent, affidavit, or
statement required in connection therewith, and for
the registration of the ownership and burdens (if any)
created, and the discharge of the burdens (if any)
discharged, to give effect to the transfer, the re
muneration to the solicitor for the transaction
completed shallbe the charges set out in Part I of the
Second Schedule to these Rules.
(ii) For all charges in connection with an application for
the cancellation ofa notice of equities or of possessory
title in the register that may be cancelled on an
application under rule 34 or 35 of the 1959 Rules,
the remuneration to the solicitor who obtains the
cancellation shall be the charges set out in Part II
of the Second Schedule to these Rules.
(iii) On a transfer by a registered owner (not being a
transfer on sale) and on a transmission on the death
of such an owner, the cancellation in the register of
a notice of equities or notice of a possessory title
that may be cancelled on an application under rule
34 of the 1959 Rules shallbe deemed to be part of the
business of the solicitor in connection with the trans
fer or transmission, and, if obtained when registration
under the transfer or transmission is applied for, the
charge therefor prescribed in (ii) ante shall be
chargeable as part of the charges for such business.
(iv) The costs of an applicant or a judgement creditor for
which an order of the Registrar may issue under rule
118 (6) of the 1959 Rules in connection with an
application under the said rule for the cancellation
ofa notice in the register ofa deposition ofan affidavit
of judgment shall be those prescribed in Part III
of the Second Schedule to these Rules. These costs
shall be exclusive of any costs 'of or incidental to an
application to the Court on a reference under rule
118 (5) of the 1959 Rules.
(2) Except as prescribed by the foregoing provisions
hereof, the remuneration for business with registered property
to which clause 2
(c)
of the Order of 1884 applies shall be the
amount of the charges prescribed by the said clause 2
(c)
amended by the Order of 1960 as varied by these Rules.
10. It is hereby declared that Rule n of the
Rccission of rule Rules to Part I of Schedule I to the Order of
Sche'duk'to'the
l884> wnich was. rescinded by clause 3 of the
Order of 1884.
Order of 1951, is also rescinded as far as the
Land Registration Rules 1959, and these Rules
are concerned.
Meaning of
ZI . "Value" in the Second Schedule to these
Second Schedule Rules means fifty times the rateable valuation of
to these Rules,
the property.
Taxation.
12.—(i) Costs prescribed by these Rules shall
when taxable, be taxed by a Taxing Master of the
High Court and the Rules of the High Court and Supreme
Court for the time bieng relative to taxation shal1 apply to such
costs as if the Land Registry were an Office of the High Court.
(2) In the taxation of costs the Taxing Master shall
have regard to the procedure prescribed by the Acts and these
Rules and shall disallow the costs of any document or part
thereof that he may consider unnecessary or prolix having
regard to the prescribed form and the procedure and effect of
registration under the Acts.
1 3 . The amendments contained at paragraph 3
(d)
and 4
(c)
of the Order of 1960 shall not apply to registered property.
14. The following instruction fee shall be substituted for
the instruction fee in the Schedule to the Order of 1960:
"Such fees for instructions as, having regard to the care and
labour required the number and lengths of the papers to be
perused, and the other circumstances ofthe case may be fair and
reasonable".
15 In Note 6 of the Schedule to the Order of 1960 the word
"later" shallbe substituted for the word "earlier" in said note.
FIRST SCHEDULE
Scale of Charges as to Leases or Agreements for Leases at
Rack Rent (other than Mining Leases or Leases for Build
ing Purposes or Agreements for the same).
Lessor's Solicitor:
For preparing, settling and
completing lease and counter
part:—
Where the rent does not ex
ceed
£ioa
...
...
...
£15 percent, on the rental but
not less in any case than
£6.
44