C1C2PART 1FINANCIAL ADMINISTRATION
Pt. 1 applied with modifications (1.4.2015) by The Local Government (Constituting a Joint Committee a Body Corporate) Order (Northern Ireland) 2015 (S.R. 2015/183), arts. 1, 4
Miscellaneous
I124Security for money borrowed, etc.
1
Except as provided by subsection (3), a council may not mortgage or charge any of its property as security for money which it has borrowed or which it otherwise owes.
2
Security given in breach of subsection (1) shall be unenforceable.
3
All money borrowed by a council (whether before or after the commencement of this section), together with any interest on the money borrowed, shall be charged indifferently on all the revenues of the council.
4
All securities created by a council shall rank equally without any priority.
5
The High Court may appoint a receiver on application by a person entitled to principal or interest due in respect of any borrowing by a council if the amount due remains unpaid for a period of two months after demand in writing.
6
The High Court may appoint a receiver under subsection (5) on such terms, and confer such powers, as it thinks fit.
7
The High Court may confer on a receiver appointed under subsection (5) any powers of the council or its officers of collecting, receiving and recovering the revenues of the council and of making rates.
8
No application under subsection (5) may be made unless the sum due in respect of the borrowing concerned amounts to not less than £10,000.
9
The Department may by order substitute a different sum for the one for the time being specified in subsection (8).
10
An order shall not be made under subsection (9) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.
Pt. 1 applied with modifications (2.4.2012) by The Local Government (Constituting Joint Committees as Bodies Corporate) Order (Northern Ireland) 2012 (S.R. 2012/10), arts. 1, 4