Local Land Charges Act 1975

Section 17.

SCHEDULE 1 E+W Consequential Amendments

Modifications etc. (not altering text)

C1 The text of Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Acts E+W

The M1 Law of Property Act 1925 E+W

Marginal Citations

M1 1925 c. 20.

In section 198 of the Law of Property Act 1925—

(a) in subsection (1), for the words from “under” to “elsewhere” substitute “in any register kept under the Land Charges Act 1972 or any local land charges register”;

(b) in subsection (2), for “under the Land Charges Act 1925” substitute “in any such register”.

The M2 Land Registration Act 1925 E+W

Marginal Citations

M2 1925 c. 21.

F1 ...

Textual Amendments

F1 Sch. 1 entry repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

The M3 Ancient Monuments Act 1931 E+W

Marginal Citations

M3 1931 c. 16.

F2 ...

Textual Amendments

F2 Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12

The M4 Requisitioned Land and War Works Act 1948 E+W

Marginal Citations

M4 1948 c. 17.

In section 14 of the Requisitioned Land and War Works Act 1948—

(a) in subsection (1), for the words from “in the prescribed manner” to the end of the subsection substitute “in the appropriate local land charges register ; and on any application being made for that purpose to the authority keeping that register that authority shall register the rights accordingly.”;

(b) in subsection (3), for the words from “but the said section” to the end of the subsection substitute “but the rights conferred by that section shall, as respects the land on which the line as diverted, and any such works, are constructed be a local land charge ; and for the purposes of the Local Land Charges Act 1975 the Minister maintaining and using, or authorising the maintenance and use of, the said line or works shall be treated as the originating authority as respects such charge.”;

(c) for subsection (4) substitute—

“(4) Rights registered in a local land charges register in pursuance of subsection (1) of this section shall be a local land charge, but

(a) section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto ; and

(b) a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any pipeline or works accessory thereto, be conclusive of the question whether, at the time of the issue of the certificate, rights registrable under subsection (1) of this section were registered.”

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Textual Amendments

F3 Entries relating to Civil Aviation Act 1949 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16

The M5 Coast Protection Act 1949 E+W

Marginal Citations

M5 1949 c. 74.

For section 8(8) of the Coast Protection Act 1949 substitute—

“(8) A works scheme indicating land as contributory land shall, when operative, be a local land charge as respects the contributory land.”

The M6 Public Utilities Street Works Act 1950 E+W

Marginal Citations

M6 1950 c. 39.

F2 ...

Textual Amendments

F2 Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12

The M7 Hill Farming Act 1954 E+W

Marginal Citations

M7 1954 c. 23.

F4 ...

Textual Amendments

F4 Sch. 1 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 1

The M8 Underground Works (London) Act 1956 E+W

Marginal Citations

M8 1956 c. 59.

For section 6(9) of the Underground Works (London) Act 1956 substitute—

“(9) The restriction imposed by subsection (1) of this section shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the registering authority shall be treated as the originating authority as respects such charge”

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Textual Amendments

F5 Entries relating to Housing Act 1957 repealed by Housing Act 1980 (c. 51, SIF 61), s. 152, Sch. 26

The M9 Land Powers (Defence) Act 1958 E+W

Marginal Citations

M9 1958 c. 30.

In section 17 of the Land Powers (Defence) Act 1958—

(a) for subsection (1) substitute—

“(1) A wayleave order shall be a local land charge.

(1A) Notwithstanding subsection (1) of this section and subject to subsection (IB) of this section, where. before the commencement of the Local Land Charges Act 1975, a draft wayleave order was registered in the appropriate local land charges register there shall be no duty to register, or to apply for the registration of, any wayleave order made pursuant to the draft order, and section 10 of the said Act shall not apply in relation to any such wayleave order.

(1B) Subsection (1A) of this section shall not apply to any wayleave order so far as the order applies to land not affected by the draft wayleave order or, where the registration of the draft order was, before the commencement of the said Act of 1975, varied in consequence of the order as made differing from the draft, so far as it applies to land not shown as affected in the registered particulars of the draft order as varied.”

(b) in subsection (2)(a), for the words from “in the prescribed manner” to “situated” substitute “in the appropriate local land charges register”

(c) after subsection (2) insert—

“(2A) Where an application is made for the registration of a notice in the appropriate local land charges register in pursuance of subsection (2) of this section, the authority keeping that register shall register the notice accordingly.”

(d) for subsection (3) substitute—

“(3) A notice registered in a local land charges register in pursuance of subsection (2) of this section shall be a local land charge, but—

(a) section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto ; and

(b) a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any land, be conclusive of the question whether, at the time of the issue of the certificate, a notice registrable in pursuance of subsection (2) of this section was registered in the register.”

(e) in subsection (4)—

(i) for “the said subsection (6)” substitute “section 14 of the Local Land Charges Act 1975”, and

(ii) omit paragraphs (a) and (b) and the words “under this section” in paragraph (c).

The M10 Opencast Coal Act 1958 E+W

Marginal Citations

M10 1958 c. 69.

In section 11 of the Opencast Coal Act 1958—

(a) for subsection (1) substitute—

“(1) A compulsory rights order shall be a local land charge.”

(b) omit subsection (2)

(c) in subsection (3), for the words from “by virtue of” to “preceding subsection” substitute “under section 14 of the, Local Land Charges Act 1975 for the purposes of this section”.

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Textual Amendments

F6 Entries relating to Highways Act 1959 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

The M11 Rights of Light Act 1959 E+W

Marginal Citations

M11 1959 c. 56.

In the Rights of Light Act 1959—

(a) in section 2(4), for the words from “the proper officer” onwards substitute “that authority to register the notice in the appropriate local land charges register, and—

(a) any notice so registered under this section shall be a local land charge ; but

(b) section 5(1) and (2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto.”

(b) in section 5, omit subsection (1), and for the words from “by virtue of” to “preceding subsection” in subsection (2) substitute “under section 14 of the Local Land Charges Act 1975 for the purposes of section 2 of this Act”.

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Sch. 1 omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 31 (with Sch. 5 Pt. 4)

The M12 Land Drainage Act 1961 E+W

Marginal Citations

M12 1961 c. 48.

In section 30 of the Land Drainage Act 1961, omit the words from “and any such” to the end of the subsection in subsection (8) and after that subsection insert—

“(8A) A scheme made under this section shall be a local land charge.”

The M13 Covent Garden Market Act 1961 E+W

Marginal Citations

M13 1961 c. 49.

For section 48(1) of the Covent Garden Market Act 1961 substitute—

“(1) A restriction imposed by section twenty-three of the Covent Garden Market Act 1966 shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the registering authority shall be treated as the originating authority as respects such charge.”

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Textual Amendments

F8 Entries relating to Housing Act 1961 repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

The M14 Housing Act 1964 E+W

Marginal Citations

M14 1964 c. 56.

F2 ...

Textual Amendments

F2 Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12

The M15 Gas Act 1965 E+W

Marginal Citations

M15 1965 c. 36.

In the Gas Act 1965—

(a) for section 5(10) substitute—

“(10) The following shall be local land charges, namely, a storage authorisation order, any conditions attached to a consent given by the Secretary of State under this section and, save in so far as it revokes any conditions, any further decision taken by the Secretary of State under subsection (8) of this section.”

(b) in section 11(3), for the words from “registered” onwards substitute “a local land charge.”;

(c) for section 27(1) substitute—

“(1) For the purposes of the Local Land Charges Act 1975, the Corporation shall be treated as the originating authority as respects any matter which is a local land charge by virtue of this Part of this Act.”

(d) omit section 27(2) to (4).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Entries relating to New Towns Act 1965 repealed by New Towns Act 1981 (c. 64, SIF 123:3), s. 81, Sch. 13

The M16 Agriculture Act 1967 E+W

Marginal Citations

M16 1967 c. 22.

In the Agriculture Act 1967—

(a) for section 45(6) substitute—

“(6) As respects the area of a Rural Development Board established under this section the provisions of this Part of this Act controlling sales of land and controlling afforestation shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the appropriate Minister shall be treated as the originating authority as respects such charge.”

(b) omit section 45(7) and (8) and the words “(7) and (8)” in section 45(9);

(c) for paragraph 2(1) of Schedule 3 substitute—

“(1) As respects a unit of land to which this Schedule applies, the conditions specified in this Schedule shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge, and for the purposes of that Act the appropriate Minister or, where this Schedule is applied to the unit by a conveyance by a Rural Development Board, the relevant Rural Development Board shall be treated as the originating authority as respects such charge.”

(d) omit paragraph 2(2) and (3) of Schedule 3.

The M17 Leasehold Reform Act 1967 E+W

Marginal Citations

M17 1967 c. 88 .

In section 19 of the Leasehold Reform Act 1967—

(a) in subsection (10), for the words from “shall be registered” to “so registered” substitute “shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge and for the purposes of that Act the landlord for the area to which it relates shall be treated as the originating authority as respects such charge ; and where a scheme is registered in the appropriate local land charges register”;

(b) after subsection (10) insert—

“(10A) Section 10 of the Local Land Charges Act 1975 shall not apply in relation to schemes which, by virtue of this section, are local land charges.”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Entries relating to Civil Aviation Act 1968 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16

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Textual Amendments

F11 Entries relating to Highways Act 1971 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Entries relating to Civil Aviation Act 1971 repealed by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109, Sch. 16

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Textual Amendments

F13 Entries relating to Town and Country Planning Act 1971 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

The M18 Field Monuments Act 1972 E+W

Marginal Citations

M18 1972 c. 43.

F2 ...

Textual Amendments

F2 Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12

The M19 Land Compensation Act 1973 E+W

Marginal Citations

M19 1973 c. 26.

In the Land Compensation Act 1973—

(a) in section 8, omit the words from “and any particulars” to the end of the subsection in subsection (4) and after that subsection insert—

“(4A) Any particulars deposited pursuant to subsection (4) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as tge originating authority as respects the charge thereby constituted .”

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in section 52(8), substitute “Before” for “Where”, insert “to be made” after “payment” in the second place where that word occurs, and omit the words from “and any particulars” onwards;

(d) after section 52(8) insert—

“(8A) Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are desposited shall be treated as the originating authority as respects the charge thereby constituted.”

(e) in section 52(9), for the words from the beginning to “the claimant” substitute “Where a local land charge is registered in the appropriate local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter he”.

Textual Amendments

F2 Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Entries relating to Housing Act 1974 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

E+W Measure

The M20 Pastoral Measure 1968 E+W

Marginal Citations

M20 1968 No. 1.

F2 ...

Textual Amendments

F2 Sch. 1 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 12

Section 19.

SCHEDULE 2 E+W Repeals