This article needs additional citations for verification .(January 2021) |
Statutory Instrument | |
Citation | SI 2005/1906 |
---|---|
Territorial extent | England and Wales |
Dates | |
Made | 23 June 2005 |
Commencement | 15 September 2005 |
Other legislation | |
Amends | |
Made under | Regulatory Reform Act 2001 |
Status: Current legislation | |
Text of statute as originally enacted |
The Regulatory Reform (Execution of Deeds and Documents) Order 2005 is a statutory instrument applicable in England and Wales which was issued by the Lord Chancellor and signed by Baroness Catherine Ashton, then a minister in the Department of Constitutional Affairs. It reformed the legislation governing the execution of deeds and documents in order to standardise the formal requirements for companies, corporations and individuals. [1]
It made amendments to the Law of Property Act 1925, the Companies Act 1985 and the Law of Property (Miscellaneous Provisions) Act 1989. [1]
Like other England and Wales Regulatory Reform Orders, it was made through the exercise of powers available under the Regulatory Reform Act 2001. [1]
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor. The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.
Stamp duty is a tax that is levied on single property purchases or documents. A physical revenue stamp had to be attached to or impressed upon the document to show that stamp duty had been paid before the document was legally effective. More modern versions of the tax no longer require an actual stamp.
In law, receivership is a situation in which an institution or enterprise is held by a receiver – a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights" – especially in cases where a company cannot meet its financial obligations and is said to be insolvent. The receivership remedy is an equitable remedy that emerged in the English chancery courts, where receivers were appointed to protect real property. Receiverships are also a remedy of last resort in litigation involving the conduct of executive agencies that fail to comply with constitutional or statutory obligations to populations that rely on those agencies for their basic human rights.
His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Ministry of Housing, Communities, and Local Government. The registry contains 87% of land in the UK as of 2019.
Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 21 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland. By ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland.
The Legislative and Regulatory Reform Act 2006 (LRRA) is an Act of the Parliament of the United Kingdom. It was enacted to replace the Regulatory Reform Act 2001 (RRA). The Act was and remains very controversial, because of a perception that it is an Enabling Act substantially removing the ancient British constitutional restriction on the Executive introducing and altering laws without assent or scrutiny by Parliament, and it has been called the "Abolition of Parliament Act".
The fire services in the United Kingdom operate under separate legislative and administrative arrangements in England and Wales, Northern Ireland, and Scotland.
In England and Wales a fire authority or fire and rescue authority is a statutory body made up of a committee of local councillors which oversees the policy and service delivery of a fire and rescue service. Prior to the Fire Services Act 2004 many fire and rescue authorities were known as fire and civil defence authorities; this designation is no longer used.
The Landlord and Tenant Act 1954 is an act of the United Kingdom Parliament extending to England and Wales. Part II of the act is a statutory code governing business tenancies. Part I of the act, which dealt with the protection of residential tenancies, is now largely superseded.
In the law, a seal affixed to a contract or other legal instrument has had special legal significance at various times in the jurisdictions that recognise it. In the courts of common law jurisdictions, a contract which was sealed was treated differently from other written contracts, although this practice gradually fell out of favour in most of these jurisdictions in the 19th and early 20th century. The legal term seal arises from the wax seal used throughout history for authentication.
The Regulatory Reform Order 2005 is a statutory instrument applicable in England and Wales. The Order places the responsibility on individuals within an organisation to carry out risk assessments to identify, manage and reduce the risk of fire. The Order was made into law on 7 June 2005 and came into force on 1 October 2006.
The history of fire safety legislation in the United Kingdom formally covers the period from the formation of the United Kingdom of Great Britain and Ireland in 1801 but is founded in the history of such legislation in England and Wales, and Scotland before 1708, and that of the Kingdom of Great Britain from 1707 to 1800.
The Land Registry Act 1862 was an Act of the Parliament of the United Kingdom. It was the country's first attempt at a system of universal land registration, specifically a title register, applying to England and Wales. It replaced several local deed registries throughout England, which had been established in the early 1700s in order to protect against fraud conducted by undisclosed prior incumbrances on titles. The legislation simplified the transfer of land. At the time, land ownership was difficult and expensive, and usually only done by the very privileged. Registration under the 1862 act was also expensive, partially because it was necessary to map and survey the entirety of the property. 2,000 properties were registered under the act.
The Law of Property Act 1989 is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law.
United Kingdom partnership law concerns the way that partnerships are formed or governed within the United Kingdom. Depending upon where the partnership was formed, English law, Scots law or Northern Irish law may apply in addition to statutes that create a framework across the UK. Under Scots law a partnership is a distinct legal entity and can borrow money from a bank in the name of the partnership, while English law only allows borrowing in the names of individual partners. Partnerships are a form of business association, which arises automatically when people carry on business with a view to a profit. Partners are jointly and severally liable, just as they own the property in common.
Formalities in English law are required in some kinds of transaction by English contract law and trusts law. In a limited number of cases, agreements and trusts will be unenforceable unless they meet a certain form prescribed by statute. The main kinds of formality that a statute can require are to put the transaction in writing, to make a deed, or to register it at a government registrar.