(1) Upon receipt from
the CEO or the local authority of an application to register a charge made in
accordance with Regulation 2 of these regulations, the following
provisions shall apply —
(a)
Where the land charged is under the Transfer of Land Act 1893 , the
Registrar of Titles shall, subject to payment of any prescribed fee, enter
upon the records under his control relating to the land charged such
memorandum or other record as shall be necessary to place on record the fact
that the said land is charged as aforesaid; and
(b)
Where the land charged is not under either the Transfer of Land Act 1893
, the Registrar of Deeds and Transfers shall, subject to payment of the
prescribed fee, register in the Register of Deeds the memorial of the
certificate referred to in subparagraph (c) of paragraph (2) of
Regulation 2 of these regulations.
(2) It shall not be
necessary for the Registrar of Titles or the Registrar of Deeds and Transfers
to call in the duplicate certificate or other instrument of title of the land
charged when entering the Memorandum or record or registering the memorial as
aforesaid; but when such memorandum or record has been entered or such
memorial has been registered, the Registrar of Titles or the Registrar of
Deeds and Transfers, as the case may require, shall cause notice of such entry
or registration to be sent to the person whose name appears in the records as
the registered proprietor of the land charged at his address appearing in such
records. Such notice shall be in accordance with Form E in the Appendix to
these regulations.
[Regulation 3 amended: Gazette
29 Dec 2006 p. 5906 and 5910.]