C1C2PART 1FINANCIAL ADMINISTRATION

Annotations:

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.