sec.166Destroying instrument in certain circumstances

### sec.166 Destroying instrument in certain circumstances The registrar may destroy a part of the freehold land register or an instrument held in the land registry if the part of the register or the instrument— is not evidence of an existing interest; or is evidence of an existing interest of which there is accurate evidence in another part of the register; or will not be required for registering the effect of a transaction. The registrar may authorise a person to destroy an instrument held in a place other than an office of the department if the instrument— was lodged at the place for evidencing, in the land registry, an interest; and is evidence of an existing interest for which there is accurate evidence in the land registry. Before destroying a part of the register or an instrument under subsection (1) , the registrar must copy it in whatever way the registrar considers appropriate. However, the registrar, or person acting under an authority given under subsection (2) , must not destroy an original will. The registrar’s powers under subsections (1) and (2) are subject to the Public Records Act 2023 . s 166 amd 2002 No. 11 s 62 sch 1 ; 2003 No. 6 s 155 ; 2005 No. 68 s 98 ; 2019 No. 7 s 245 ; 2023 No. 33 s 107 sch 4 (sec.166-ssec.1) The registrar may destroy a part of the freehold land register or an instrument held in the land registry if the part of the register or the instrument— is not evidence of an existing interest; or is evidence of an existing interest of which there is accurate evidence in another part of the register; or will not be required for registering the effect of a transaction. (sec.166-ssec.2) The registrar may authorise a person to destroy an instrument held in a place other than an office of the department if the instrument— was lodged at the place for evidencing, in the land registry, an interest; and is evidence of an existing interest for which there is accurate evidence in the land registry. (sec.166-ssec.3) Before destroying a part of the register or an instrument under subsection (1) , the registrar must copy it in whatever way the registrar considers appropriate. (sec.166-ssec.4) However, the registrar, or person acting under an authority given under subsection (2) , must not destroy an original will. (sec.166-ssec.5) The registrar’s powers under subsections (1) and (2) are subject to the Public Records Act 2023 . - (a) is not evidence of an existing interest; or - (b) is evidence of an existing interest of which there is accurate evidence in another part of the register; or - (c) will not be required for registering the effect of a transaction. - (a) was lodged at the place for evidencing, in the land registry, an interest; and - (b) is evidence of an existing interest for which there is accurate evidence in the land registry.