eDischarges (Applications in electronic form for cancellation of charges)
3. Application for cancellation
Appendix 1 – Form of Application
1. Introduction
1.1 Scope of Practice Direction This Practice Direction encompasses the procedures to be followed where an application is made in electronic form for cancellation of the entry of a registered charge (which application may be referred to as an eDischarge).
1.2. Sections of the Act and Rules applicable
- Registration of Title Act 1964 – sections 65 and 106
- Registration of Deeds and Title Act 2006 – sections 50, 55, 71 and 73
- Land Registration Rules 2012 – Rules 101 and 102
2. General
Rule 101 of the Land Registration Rules 2012 provides that authorised customers may apply in electronic form for cancellation of the entry of a charge.
Such application is lodged with the PRA through its web portal or such other electronic service delivery channel as may be authorised by the PRA.
A request to avail of an eDischarge must originate from the registered owner of the charge or its successor in title.
3. Application for cancellation
Application must be made in the form prescribed by Rule 102 of the Land Registration Rules 2012. Appendix 1 refers. The application can only be lodged by the owner of the charge or its successor in title.
eDischarges can only apply to full discharges of registered charges.
Partial discharges whether lodged separately or with other title documentation must be lodged as heretofore. The provisions of Rule 101 of the Land Registration Rules apply to same.
4. Processing of application
Each application is to be checked to ensure that applicant is the owner of the charge or its successor in title.
A list of the Account Holders and the category of charges that they are entitled to discharge will be available to each staff member at all times.
If the application is in order the relevant charge entry is to be cancelled on the register.
If an application is not in order for registration, it is to be marked rejected and the rejection notice, stating the reason(s) for rejection, is to issue by electronic means to the applicant.
A completion notice will issue by electronic means and will also issue to a third party, if nominated at lodgement stage.
On re-lodgement of a rejected application, it is deemed to be a new application and is to be processed accordingly.
5. Fees
The fee payable for an eDischarge is Nil (item 8(f)(i) of the Land Registration (Fees) Order 2012.
Dated the 9th March 2009
______________________ John Deeney,
Deputy Registrar,
Property Registration Authority
Updated 01 February 2013
Appendix 1
Application in electronic form for cancellation of the entry of a charge
I hereby apply for cancellation of the entry/entries set out in the Schedule hereunder. I hereby certify that I am duly authorised to make such application. I certify that any certificate(s) of charge that exist(s) in relation to the above charge(s) will not be used as negotiable instruments.
Applicant:
(Name of duly authorised officer)
Date:
Schedule:
Description of Charge(s) to be discharged must include Folio Number(s) and Entry Number(s)