Land Charges Act 1972
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Change 1
11 Date of effective registration and priority notices.
(1) Any person intending to make an application for the registration of any contemplated charge, instrument or other matter in pursuance of this Act or any rule made under this Act may give a priority notice in the prescribed form at least the relevant number of days before the registration is to take effect. (2) Where a notice is given under subsection (1) above, it shall be entered in the register to which the intended application when made will relate. (3) If the application is presented within the relevant number of days thereafter and refers in the prescribed manner to the notice, the registration shall take effect as if the registration had been made at the time when the charge, instrument or matter was created, entered into, made or arose, and the date at which the registration so takes effect shall be deemed to be the date of registration. (4) Where— (a) any two charges, instruments or matters are contemporaneous; and (b) one of them (whether or not protected by a priority notice) is subject to or dependent on the other; and (c) the latter is protected by a priority notice, the subsequent or dependent charge, instrument or matter shall be deemed to have been created, entered into or made, or to have arisen, after the registration of the other. (5) Where a purchaser has obtained a certificate under section 10 above, any entry which is made in the register after the date of the certificate and before the completion of the purchase, and is not made pursuant to a priority notice entered on the register on or before the date of the certificate, shall not affect the purchaser if the purchase is completed before the expiration of the relevant number of days after the date of the certificate. (6) The relevant number of days is— (a) for the purposes of subsections (1) and (5) above, fifteen; (b) for the purposes of subsection (3) above, thirty. or such other number as may be prescribed; but in reckoning the relevant number of days for any of the purposes of this section any days when the registry is not open to the public shall be excluded.
11 Date of effective registration and priority notices.
(1) Any person intending to make an application for the registration of any contemplated charge, instrument or other matter in pursuance of this Act or any rule made under this Act may give a priority notice in the prescribed form at least the relevant number of days before the registration is to take effect. (2) Where a notice is given under subsection (1) above, it shall be entered in the register to which the intended application when made will relate. (3) If the application is presented within the relevant number of days thereafter and refers in the prescribed manner to the notice, the registration shall take effect as if the registration had been made at the time when the charge, instrument or matter was created, entered into, made or arose, and the date at which the registration so takes effect shall be deemed to be the date of registration. (4) Where— (a) any two charges, instruments or matters are contemporaneous; and (b) one of them (whether or not protected by a priority notice) is subject to or dependent on the other; and (c) the latter is protected by a priority notice, the subsequent or dependent charge, instrument or matter shall be deemed to have been created, entered into or made, or to have arisen, after the registration of the other. (5) Where a purchaser has obtained a certificate under section 10 above, any entry which is made in the register after the date of the certificate and before the completion of the purchase, and is not made pursuant to a priority notice entered on the register on or before the date of the certificate, shall not affect the purchaser if the purchase is completed before the expiration of the relevant number of days after the date of the certificate. (6) The relevant number of days is— (a) for the purposes of subsections (1) and (5) above, fifteen; (b) for the purposes of subsection (3) above, thirty. or such other number as may be prescribed; but in reckoning the relevant number of days for any of the purposes of this section any days when the registry is not open to the public shall be excluded.
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