The Gazette 1961 - 64

(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 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 ZI . "Value" in the Second Schedule to these Second Schedule Rules means fifty times the rateable valuation of to these Rules, the property. 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: are concerned. Meaning of Taxation. 12.—(i) Costs prescribed by these Rules shall when taxable, be taxed by a Taxing Master of the

Other business

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.

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