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ScheduleAdaptations and Modifications of EnactmentsCommissioners Clauses Act 1847 (10 & 11 Vict. c. 16)

1Sections 75 and 81, as incorporated with section 46 of the Land Drainage Act 1930 or with any other enactment applicable to a relevant authority within the meaning of section 2 of this Act, shall not apply to an automatic charge.

2In section 82, as so incorporated, the reference to a mortgage deed shall be construed as including a reference to an agreement to which section 2 of this Act applies. Public Works Loans Act 1875 (38 & 39 Vict. c. 89)

3In the following provisions, that is to say, sections 8, 29 and 30, any reference to that Act shall include a reference to section 2 of this Act.

4In section 11 the reference to such security as is required by that Act shall be construed as including a reference to any automatic charge.

5Section 12 shall not apply to a loan secured by an automatic charge.

6Section 19 shall, in relation to an automatic charge, have effect as if any reference to the date of the mortgage included a reference to the date of the making of the relevant agreement and as if any reference to interest mentioned in the mortgage included a reference to interest mentioned in the agreement.

7In section 38 the reference to any security previously given to the Loan Commissioners, and in sections 46 and 50 any reference to a security made or granted under that Act, shall include a reference to an automatic charge in their favour. Local Government Act 1933 (23 & 24 Geo. 5. c. 51)

8In section 197(2) the reference to securities created by a local authority shall include a reference to any automatic charge on the revenues of such an authority.

9In section 207—

(a)any reference to a mortgage or to a mortgage created under Part IX of that Act shall be construed as including a reference to an automatic charge;

(b)any reference to a deed of mortgage shall include a reference to an agreement to which section 2 of this Act applies;

(c)the reference in subsection (2) to the date of a mortgage shall be construed as including a reference to the date of any such agreement; and

(d)subsections (3) and (5) shall not apply in relation to any automatic charge. Local Government (Scotland) Act 1947 (10 & 11 Geo. 6. c. 43)

10Section 268 shall apply to an automatic charge as it applies to a mortgage, but with the following modifications, that is to say:—

(a)in subsection (2), for the words " Before a mortgage is delivered to the mortgagee " there shall be substituted the words

Within fourteen days of the making of the agreement giving rise to the automatic charge;

(b)the reference in paragraph (c) of that subsection to the date of the mortgage shall be construed as a reference to the date of the agreement giving rise to the automatic charge;

(c)so much of the said subsection as relates to the endorsation of any certificate or receipt on the deed of mortgage shall be omitted; and

(d)subsections (3) and (7) shall be omitted.