Rule 152 – Documents that are to be retained in Registry and that may be delivered

(1) Any of the following documents relating to registered property may be returned to the person who would be entitled to their custody if the property were unregistered, upon delivery at the Registry of an attested copy or on payment of the fee chargeable for a certified copy-

(a) an instrument dealing with registered and unregistered property;

(b) a subsisting settlement, an instrument containing subsisting trusts, an instrument appointing trustees of a subsisting settlement or of an instrument containing subsisting trusts;

(d) an original deed of charge to secure future advances.

(2) The attested or certified copy shall be filed for reference in substitution for the instrument so delivered and, on future dealings, may be accepted as sufficient evidence of the document and its contents.

(3) Except as in these Rules otherwise provided, all other instruments under which an entry in a register is made shall be retained in the Registry. They shall be filed in the registry and shall not be taken from the said office except on the written authorisation of the Authority and on such terms as it shall specify or on an order of the court.

(4) The Authority, subject to compliance with the National Archives Act, 1986, may also direct the destruction of closed folios or any documents filed in the Registry when they have been superseded by entries in the register or have ceased to be of any effect, or it may, if such documents appear to it to be of historical interest, transmit them to the National Archives for filing.

(5) The Authority may on the completion of a registration direct the release of filed documents to the registered owner, a nominee of the registered owner, or the solicitor for the registered owner.