Property (Relationships) Act 1976

41 Registration of orders

• (1) Where an order made under this Act relates to any estate or interest in land, a copy of the order sealed with the seal of the court shall, upon application by either of the parties and upon payment of the prescribed fee, be registered by the District Land Registrar or the Registrar of Deeds, as the case may be, or by the Mining Registrar in any case where the order relates to land comprised in a licence within the meaning of the Mining Tenures Registration Act 1962 that has not been registered under the Land Transfer Act 1952.

  (2) For the purposes of this section an order to which this section applies shall cease to have effect where—

  • (a) the order is discharged or cancelled by the court under section 33(2); or

  • (b) the person in whose favour and the person against whom the order is made so agree in writing and the agreement is signed and witnessed in accordance with section 21F(2), (4), and (5); or

  • (c) the period for which the order was made has expired; or

  • (d) the court so directs in any other case.

  (3) Where the District Land Registrar or the Registrar of Deeds or the Mining Registrar, as the case may be, is satisfied that an order registered under subsection (1) has ceased to have effect, he shall, on application in that behalf, endorse the register accordingly.

  (4) Where an order made under any of the provisions of this Act relates to any stocks, shares or other company securities, or to any other property the title to which passes upon or is evidenced by registration, the foregoing provisions of this section shall apply with all necessary modifications to such stocks, shares, securities or other property as if they were estates or interests in land.

  Compare: 1963 No 71 ss 57(9), (10), (11), 59(4)

  Section 41(2)(b): amended, on 1 February 2002, by section 46 of the Property (Relationships) Amendment Act 2001 (2001 No 5).