The Land Registration Act 2002 and the Land Registration Rules 2003 will be brought into force on 13 October 2003 and introduce far-reaching changes to land registration law and practice.

Linda Chamberlain advises solicitors who have to access information held by Land Registry to make themselves aware of the adjustments

The rights to access information are set out in sections 66 to 69 of the Land Registration Act 2002 and rules 131 to 144 of the Land Registration Rules 2003.

The rules prescribe a series of forms to apply for information.

Fees for the various applications are prescribed in a new Land Registration fee order.

Under the current law, registers of title, caution titles, title plans and documents referred to on the register are open to inspection by any person.

But leases and mortgages (originals or copies) and other documents held in Land Registry files may be inspected only at the discretion of the registrar.

Under the Act, these documents, with certain exceptions, will be available to anyone.

The most important of the exceptions are transitional period documents and exempt information documents.

Transitional period documents are defined in rule 131 as:

- Leases and charges (and copy leases and charges) kept by the registrar since before 13 October 2003 and referred to in an entry made before this date; and

- Any other document kept by the registrar which was received before 13 October 2003 and which is not referred to in the register of title but relates to an application.

These transitional period documents are not available as of right until 13 October 2005, but in the meantime they can be inspected and copies obtained at the discretion of the registrar.

The rules allow documents that contain prejudicial information to be exempted from the general rights to inspect and obtain copies.

A person may apply at any time for the registrar to designate a document an exempt information document on the grounds that it contains prejudicial information.

Prejudicial information is defined in rule 131 as either:

- Information that relates to an individual who is the applicant for exempt status 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

- 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 for exempt status.

Applications must be made using forms EX1 and EX1A, enclosing the fee and an edited copy of the document from which the prejudicial information has been removed.

In form EX1A, applicants should state why they consider the document contains prejudicial information.

Provided the registrar is satisfied that the application is not groundless and that it does not prejudice the keeping of the register, he must designate the document an exempt information document.

If the application is successful, only a copy of the edited document that omits the prejudicial information will be generally available, although the police and certain specified officeholders and law enforcement officers will have access to the full exempt document as of right under rule 140.

Any other person requiring an official copy of the full exempt document will have to apply using form EX2.

Applicants should edit the document only so far as is necessary to protect the prejudicial information.

The Land Registry will not accept applications that omit large sections of a document without any reason.

If applicants prepare the edited copy electronically, the Land Registry prefers that they leave white space where the text would be, rather than 'greying out' the information.

Among other things, the file will be smaller when the document is stored electronically, which will allow a faster service for customers viewing these documents on their screens in the future.

The registrar has power to cancel an application for exempt status if he considers that it could prejudice the keeping of the register.

Based on our current thinking, matters that could prejudice the keeping of the register include: the price paid in a transfer or lease, clauses containing easements or restrictive covenants and, in respect of a lease, the date, the parties, the term, the fact that rent is payable and that there is a right of re-entry.

Applicants for an official copy of an exempt information document, using form OC2, will receive a copy of the edited information document.

This should suffice for most purposes, but, if it does not, solicitors can apply for an official copy of the full document by using form EX2 and paying the prescribed fee.

The issue of a full copy is not automatic.

Under rule 137(4), there are two grounds on which a full copy can be issued.

If the registrar decides that: none of the information omitted is prejudicial, or - although the information is prejudicial - the public interest in allowing a full copy to be issued outweighs that in not doing so, then he must issue the official copy.

Applicants have to state in form EX2 why a copy of the edited document is not sufficient for their purposes and why they consider one of the two grounds in rule 137(4) applies.

If there is a case for issuing a full copy, the registrar will normally serve notice on the person(s) who applied to designate the document and they will have the opportunity to make representations.

The registrar will then decide whether or not to issue the full copy on the basis of all the evidence available.

If the registrar decides to issue a full copy on the grounds that the omitted information is not prejudicial, the designation as exempt must be removed and the document will become open.

It is not possible to transfer the benefit of an exemption to someone else - for example, if the property is sold.

However, the person who originally applied for the exemption can apply on form EX3 to withdraw it and the new proprietor can make a fresh application for exemption, if appropriate.

Because of the nature of the information required to complete it, form EX1A is itself exempt from the general rights to inspect and copy.

The other forms - EX1, EX2, EX3, any notices the Land Registry issues and any correspondence - are open to inspection and copying in the usual way.

Therefore, solicitors must take care not to reveal the prejudicial information in any letters written to the registry.

Additional information on the Act, rules and supporting practice can be obtained from the Land Registry's Web site at: www.landregistry.gov.uk/legislation.

Most of the detail has been set out in practice guides, but the Land Registry's Actionline can address any specific queries about the Act, tel: 0870 9088 061.

Linda Chamberlain is the Land Registry's director of education and training