Local Land Charges Act 1975
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Change 1
6 Local authority’s right to register a general charge against land in certain circumstances.
(1) Where a local authority have incurred any expediture in respect of which, when any relevant work is completed and any requisite resolution is passed or order is made, there will arise in their favour a local land charge (in this section referred to as “the specific charge”), the following provisions of this section shall apply. (2) At any time before the specific charge comes into existence, the Chief Land Registrar must register a general charge against the land, without any amount being specified, in the local land charges register if the originating authority make an application for that purpose. (3) A general charge registered under this section shall be a local land charge, but section 5(2) above shall not apply in relation to such a charge. (4) If a general charge is registered under this section the originating authority shall, when the specific charge comes into existence, notify the Chief Land Registrar of that fact, and any such notification shall be treated as an application (subject to subsection (5) below) for the cancellation of the general charge and the registration of the specific charge. (5) Where a general charge is registered under this section its registration shall be cancelled within such period starting with the day on which the specific charge comes into existence, and not being less than 1 year, as may be prescribed, and the specific charge shall not be registered before the general charge is cancelled. (6) If the registration of the general charge is duly cancelled within the period specified in subsection (5) above and the specific charge is registered forthwith upon the cancellation or was discharged before the cancellation, then, for the purposes of section 10 below, the specific charge shall be treated as having come into existence at the time when the general charge was cancelled.
6 Local authority’s right to register a general charge against land in certain circumstances.
(1) Where a local authority have incurred any expediture in respect of which, when any relevant work is completed and any requisite resolution is passed or order is made, there will arise in their favour a local land charge (in this section referred to as “the specific charge”), the following provisions of this section shall apply. (2) At any time before the specific charge comes into existence, the Chief Land Registrar must register a general charge against the land, without any amount being specified, in the local land charges register if the originating authority make an application for that purpose. (3) A general charge registered under this section shall be a local land charge, but section 5(2) above shall not apply in relation to such a charge. (4) If a general charge is registered under this section the originating authority shall, when the specific charge comes into existence, notify the Chief Land Registrar of that fact, and any such notification shall be treated as an application (subject to subsection (5) below) for the cancellation of the general charge and the registration of the specific charge. (5) Where a general charge is registered under this section its registration shall be cancelled within such period starting with the day on which the specific charge comes into existence, and not being less than 1 year, as may be prescribed, and the specific charge shall not be registered before the general charge is cancelled. (6) If the registration of the general charge is duly cancelled within the period specified in subsection (5) above and the specific charge is registered forthwith upon the cancellation or was discharged before the cancellation, then, for the purposes of section 10 below, the specific charge shall be treated as having come into existence at the time when the general charge was cancelled.
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