On 13 October 2003, the Council of Mortgage Lenders (CML) will update section 14 of the Lenders' Handbook for England and Wales.

The handbook provides comprehensive instructions for conveyancers acting on behalf of lenders in residential conveyancing transactions.

Section 14 of the handbook sets out what conveyancers must do after completion.

The CML will update this section to take account of new forms and procedures under the Land Registration Rules 2003.

The Land Registration Rules 2003 are scheduled to come into force on 13 October 2003.

The amendments are set out below, together with a brief explanation in square brackets:

14.1 Application to HM Land Registry

14.1.1 You must register our mortgage at HM Land Registry.

Before making your HM Land Registry application for registration, you must place a copy of the results of the official search on your file, together with certified copies of the transfer, mortgage deed and any discharges or releases from a previous mortgagee.

[The CML has deleted reference to 'land and charge certificates', as the Land Registry will no longer issue these documents.

It has replaced the reference to 'DSI' with 'discharges or releases', as this is more consistent with the wording of the rules.]

14.1.2 Our mortgage conditions and mortgage deed have been deposited at HM Land Registry and it is therefore unnecessary to submit a copy of the mortgage conditions on an application for registration.

14.1.3 Where the loan is to be made in instalments or there is any deferred interest retention or stage release, check part 2 to see whether you must apply to HM Land Registry on form CH2 for entry of a notice on the register that we are under an obligation to make further advances.

If the HM Land Registry code 'CHOBL' appears on the mortgage deed (it is usually in the top right hand corner) there is no need to submit a form CH2.

[Form 113 will be replaced by new form CH2.]

14.1.4 The application for registration must be received by HM Land Registry during the priority period afforded by your original HM Land Registry search made before completion and, in any event, in the case of an application for first registration, within two months of completion.

Please check part 2 to see if we require the original mortgage deed to be returned to us.

If we do, you must lodge a certified copy of it (as well as the original) when making the application to HM Land Registry for registration.

[The Land Registry has asked lenders to confirm whether or not they would like the original mortgage deed returned to them.

If lenders would like the original mortgage deed, HM Land Registry will require a certified copy of the document for retention.

All lenders will update their part 2 instructions to indicate if they want the original mortgage deed.]

14.2 Title deeds

14.2.I All title deeds, official copies of the register (where these are issued by HM Land Registry after registration), searches, enquiries, consents, requisitions and documents relating to the property in your possession must be held to our order and you must not create or exercise any lien over them.

Unless otherwise instructed, they must be sent to us (see part 2) with the schedule supplied by us as soon as possible after completion.

We expect them to be lodged, in any event, within three months of completion.

If it is not possible to send the deeds to us within this period you should advise us in writing with a copy of any correspondence from HM Land Registry explaining the delay.

[Under Land Registry practice bulletin 2, the registry will send official copies of the register after registration.]

The updated Lenders' Handbook for England and Wales and all lenders' revised part 2 instructions can be viewed on the CML Web site at: www.cml.org.uk/handbook.