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This consultation seeks your views on the draft Land Registration (Electronic Conveyancing) Rules 2008. Following the consultation paper “Secondary Legislation Part I” published on 12 February 2007 this is the second in a series of consultations on our proposals for econveyancing. It was anticipated that this consultation would cover a complete set of rules on how to go about an e-conveyancing transaction. In view of changes to the proposed timetable introducing electronic conveyancing, the draft rules in this paper cover specifically the use of an “electronic legal charge” intended for use primarily in the remortgage market. This accelerated delivery of services means the consultation process will be spread over further stages. While this paper will be concentrating on electronic charges, future papers will deal with the wider services in further detail. The proposed introduction of an electronic legal charge will deliver earlier some of the benefits of using electronic documents to the re-mortgage market which constitutes around 1 million transactions a year. It will, in due course, allow an interface with practitioner’s case management systems to be piloted. The facility will be extremely limited at the outset because we are still at a relatively early stage in the programme. Under this proposal straightforward single title number electronic legal charges will be lodged electronically. Once received by Land Registry, they will be processed manually within Land Registry. It is not intended that there will be any automatic processing of electronic charges at the beginning of this phase but this will be implemented as soon as possible. Complete automatic processing of electronic legal charges will not be possible until a system for dealing with outstanding charges and restrictions on the register is developed. On a general point of terminology, we have taken note of the comments received in the earlier consultation. In order to avoid confusion, we have decided to change the descriptions "User" and "Authorised User" in the draft Network Access Agreement referred to in the previous consultation paper. Please see section 4.2 of this paper. This consultation is aimed primarily at conveyancers, lenders, financial institutions, regulatory and representative bodies (such as the Law Society, the Council of Mortgage Lenders and the Council for Licensed Conveyancers) and other property professionals such as estate agents. However, we would be glad to hear from others who have views on the draft secondary legislation and we would be happy for recipients to pass copies of this document to those who they think might have an interest. Respondents do not need to comment on all questions; we will welcome responses concentrating on just one particular aspect of the consultation. Any proposed legislative change that is likely to have a direct or indirect impact on business, charities or the voluntary sector requires an Impact Assessment. An Impact Assessment is a policy tool that assesses the impact, in terms of costs, benefits and risks, of any proposed regulation that could affect such organisations. It enables policy-makers to reach informed decisions. An Impact Assessment relating to the proposed e-conveyancing secondary legislation is included in this consultation paper in Annex A. Your comments on this would also be welcomed and help us to develop it further. There are several ways of responding to this consultation document. This consultation website allows you to respond using our online questionnaire. Your answers may be saved as a draft as you go along – you do not have to answer all the questions at once. We would encourage you to use this online questionnaire as this feeds directly into our analysis systems, saving retyping or manual analysis. The questionnaire allows you to express specific points of view in your own words, but please help us by assigning those views to key issues and proposals within this document. Some of you will have registered already to respond online. Please use the pro-forma document wherever possible, as it helps us to assign views to particular discussion points during analysis. If you experience problems with our consultation website, you may email your response to: SecondaryLegislationPart2-manager@econsultations.e-conveyancing.gov.uk Alternatively, you may download a printable questionnaire from this website, or, if you have received a paper copy of the consultation document, you can use the enclosed paper questionnaire. The consultees from the E-conveyancing Secondary Legislation Part 1 will receive hard copies in the post.
This consultation has now closed and we are analysing the results. Consultation Documents
Consultation Summary
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