(1) For the purposes of this section,
"instrument" , in relation to a primary application or a primary applicant,
means an instrument deposited with the Registrar-General that relates to land
the subject of the primary application, whether so deposited by the primary
applicant or by some other person and whether so deposited pursuant to
section 64 of the Conveyancing Act 1919 or otherwise.
(2) Upon creating a
folio of the Register under this Part, the Registrar-General shall endorse on
each instrument relating to the primary application pursuant to which the
Registrar-General created the folio a memorial cancelling it in so far as it
relates to land under the provisions of this Act.
(3) Subject to subsection
(4), upon creating a folio of the Register under this Part, the
Registrar-General--
(a) shall retain in the Registrar-General's office every
instrument relating to the primary application pursuant to which the folio was
created until it is delivered or destroyed pursuant to this section, and no
person shall be entitled to the production of an instrument so retained except
upon the written order of the primary applicant, or of some person claiming
through or under the primary applicant, or upon the order of the Supreme
Court,
(b) shall deliver to the primary applicant or other person entitled
thereto any instrument that relates to land not under the provisions of this
Act, and
(c) subject to paragraph (b), may destroy any instrument or may
deliver it to the primary applicant or other person entitled thereto or to any
person who has satisfied the Registrar-General that he or she bona fide
intends to preserve the instrument for historical purposes.
(4) The
provisions of subsection (3)--
(a) apply to instruments relating to primary
applications pursuant to which folios of the Register were created before or
after the commencement of the Real Property (Amendment) Act 1970 ,