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Land Registry Direct

Conditions of Use (October 2003)

1. Definitions

1.1    The following terms shall have the following  meanings:

‘Data’ – the data and information used in connection with the Services and held as part of the Database (including data added to the Database by using the Services);

‘Database’ – the Registrar’s database on which is stored the Data, together with other data access to which the User is not entitled;

‘Equipment or Software’ – items of Equipment or Software which the User proposes using, or, as the case may be, uses, to access the Data and which is capable of communicating with the System;

‘Registrar’ – the Chief Land Registrar of HM Land Registry;

‘Services’

i. those Services which are available to a person via his/her remote terminal from the System in accordance with the provisions of (including the provisions of any notices current under):

     • the Land Registration Rules 2003;

     • the Land Charges Rules 1974;

and any rules which may directly or indirectly replace them, with or without amendment; and

ii. any other Services which the Registrar may from time to time provide to a person via that person’s remote terminal from the System under the Land Registration Act 2002 or the Land Charges Act 1972 and rules made under either Act;

‘System’ – the Registrar’s computer system;

‘User’ – a person who wishes to use or is using the Services;

‘UserID’ – a UserID or UserIDs allocated to the User by the Registrar for the purpose of using the Services.

1.2 References to specific enactments or rules are deemed to include reference to those enactments or rules as amended, re-enacted or replaced from time to time.

2. Connection and use of Equipment and Software to access the Data

2.1 If required by the Registrar, the User shall, prior to the initial access to the System or at any time thereafter, have the Equipment and Software approved by the Registrar.

2.2 Access to the System shall be effected via the internet or such other means of access or communication as may be approved by the Registrar from time to time.

2.3 If the Registrar approves any other means of access or communication under paragraph 2.2, he may, at his discretion, withdraw that approval at any time.

2.4 The Registrar may at any time require the User to disconnect the Equipment or Software or any part or parts thereof from accessing the System if, in the opinion of the Registrar, the Equipment or Software is or has been the cause or is likely to be the cause of failures,  interruptions, errors or defects in the System or the Database.

2.5 The User shall ensure that:

2.5.1 the Equipment and Software are used in such a manner as will not adversely affect or corrupt the System software or any other  software which may be used by the Registrar or used in the System, or any information on the Database;

2.5.2 the Equipment and Software is not used to access or retrieve any part of the Database which is not part of the Data.

2.6 The User shall not:

2.6.1 use the Data other than in accordance with the Land Registration Act 2002 and Land Charges Act 1972 (as appropriate) and the Rules made from time to time thereunder;

2.6.2 make or attempt to make any deletions, additions, modifications, adjustments or alterations to the Data, System or Database (except as may be necessary in the proper use of the Services);

2.6.3 attempt to rectify or permit any person (not authorized by the Registrar) to rectify any fault or inaccuracy in the Data, System or Database;

2.6.4 otherwise tamper with the Data, System or Database;

2.6.5 infringe the Crown’s copyright or other intellectual property rights or those of any other person in the Data, System or Database.

3. UserID and access to the System

3.1 The User shall ensure that each person using the Equipment and Software to obtain access to the System:

3.1.1 has and uses an individual UserID and password, and

3.1.2 has been properly trained to use the Equipment and Software and to obtain the Services.

3.2 The User shall not allow:

3.2.1 simultaneous access to the System using the same login, or

3.2.2 the transfer or sharing of a UserID and/or password.

3.3 The User shall notify the Registrar immediately:

3.3.1 if a UserID and/or password:

3.3.1.1 becomes known to an unauthorized person, or

3.3.1.2 is no longer to be used by the person to whom it was allocated, or

3.3.2 of any change of name of the person to whom a UserID has been allocated.

3.4 If a UserID has not been used to gain access to the System for a period of one year, the Registrar may cancel that UserID without giving prior notice to the User.

4. To comply with regulations

The User shall comply with such regulations, conditions or restrictions, whether as to accessing, utilising, storing or otherwise dealing with the Data as may from time to time apply, including, but not limited to, those laid down by the Data Protection Act 1998.

5. Fees

The User shall pay to the Registrar the fee prescribed under the Land Registration Fee Order 2003 or the Land Charges Fees Rules 1990 for the Services obtained by the User or any other person via the User’s Equipment or Software.

6. Cancellation

If the User does not comply with any of these conditions, the Registrar may, at any time, cancel the UserID and require the User to disconnect the Equipment or Software or any part or parts thereof from accessing the System.

7. Exclusion and limitation of liablilty

7.1 Neither the Registrar nor any third party shall be liable for:

7.1.1 any loss or damage, direct, indirect or consequential, arising from:

7.1.1.1 any inaccuracy or incompleteness in, or delays, errors or omissions in the delivery of the  Data, or

7.1.1.2 any decision made or action taken by the User or any third party in reliance on the Data.

7.1.2 loss of business resources, lost profits or any punitive, indirect, consequential or special or similar damages (whether in contract, tort or otherwise) even if advised of the  possibility of such damages by the User or a third party.

7.2 The User accesses the System and Services at his own risk and the Registrar shall not be responsible for any damage to the Equipment and Software resulting from access to the System and Services.

7.3 This condition shall not affect a person’s entitlement to indemnity under the provisions of section 103 and Schedule 8 of the Land Registration Act 2002.

Note

i. Land Registry Direct is only available during the currency of a notice given by the Registrar under the relevant Land Registration Rules and is made available subject to and in accordance with the provisions of the relevant notice and Rules.

ii. A notice made pursuant to Schedule 2 of the Land Registration Rules 2003 relating to Land Registry Direct has been given.

iii. The notice provides that only a person who complies with the above conditions and has signed an acknowledgement of receipt of the above conditions and lodged it with the Registrar may make applications.

iv. The Land Registry Direct Application Form incorporates an acknowledgment of receipt of the above conditions and for the acknowledgement to be signed.

v. Copies of the notice may be obtained by writing to Land Registry Direct, at the address given below, telephoning 0870 0100299, or by e-mail: admin@landregistrydirect.gov.uk.

vi. Unless specified otherwise, the addresses to which correspondence relating to Land Registry Direct may be sent are:

The Registrar,
c/o Land Registry Direct,
Touthill Close,
City Road,
Peterborough
PEl 1XN

and to the User, the address given in the Land Registry Direct application form.