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Family Homes and Domestic Violence (Northern Ireland) Order 1998

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Family Homes and Domestic Violence (Northern Ireland) Order 1998, SCHEDULE 1 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Article 17(5).

SCHEDULE 1N.I.PROVISIONS CONSEQUENTIAL ON ORDER OPERATING TO RESTRAIN DISPOSITIONS

1.  An occupation order ( “the order”) to the extent that by virtue of Article 11(3)(j), 13(5)(g) or 14(5)(g) it makes provision restraining the respondent from making a disposition of any land in Northern Ireland which is specified in the order,—N.I.

(a)shall create on the land a statutory charge within the meaning of section 87 of the [1970 c. 18 (N.I.).] Land Registration Act (Northern Ireland) 1970 (matters registrable in the Statutory Charges Register); and

(b)subject to section 88 of that Act (statutory charge to be void against purchaser in certain circumstances), shall render liable to be set aside by the court, at the instance of the applicant for the order, any disposition of the land in contravention of the order.

2.—(1) The registration of a statutory charge such as is mentioned in paragraph 1 shall cease to have effect when the provision mentioned in that paragraph ceases to have effect.N.I.

(2) This paragraph is without prejudice to section 91 of the Land Registration Act (Northern Ireland) 1970.

3.  When the registration has ceased to have effect the Registrar of Titles may cancel it.N.I.

4.  An application for the renewal of the registration of a charge may be made in the same manner as the application for the original registration.N.I.

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