My Lords, we have had a substantive debate on the Government’s proposals for the Land Registry and local land charges being removed from the Bill. We covered much of the ground in relation to Clause 24 in that same debate. Clause 24 seeks to confer additional powers on the Land Registry. It was acknowledged in the Government’s response to the wider powers consultation that the focus was on the principles of extending the powers of the Land Registry. However, Clause 24 would appear to be more than that and if it were retained, would it not be sufficient for the Land Registry to act without any further legislative approval?
This clause substitutes for certain services,
“consultancy or advisory services about land or other property in England and Wales or elsewhere … information services about land or other property … or … services relating to documents or registers which relate to land or other property in England and Wales”.
If that were carried through, would it not be within the remit of the Land Registry to act on it without further legislative processes? I see that in the responses to the consultation, the challenge was that the consultation did not provide sufficient detail of the services that the Land Registry intends to undertake under its proposed wider powers. The Government’s response was that the part of the consultation on wider powers related to the principle of Land Registry powers being extended to enable it to provide new services. Frankly, what is in the Bill does not seem to correspond with that. What is provided for there is an expansion of the types of services that may be provided.
In any event, in the response to the delivery company consultation the Government made it clear that they consider there to be,
“benefits in creating an arm’s length service delivery company to … modernise”,
the Land Registry and,
“to support new opportunities for the business to play a wider role in the property market”.
There is clearly a linkage between the commercial model and the additional powers. However, as it is agreed that the service delivery company model needs further consideration and there is a commitment to consult again if it is taken forward, should this not apply to Clause 24 so that it can be removed from the Bill, at least for the time being, even if it has to be reinstated in due course?
Either this provision is simply widening the services that can be provided or it is dealing with the principle that is tied up with the service company delivery model which the Government have taken away to consider further. The only safe thing in those circumstances seems to be for that clause not to stand part of the Bill. If there are going to be changes to the model in due course, there will need to be further legislation in any event. If this is tied to that, it needs to be dealt with at that same time.
5.45 pm