Land Charges Act 1972

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land Charges Act 1972. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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Act applied by S.I. 2005/3180 art. 11(2)(a)
Act applied by S.I. 2005/3181 art. 14
Act applied by S.I. 2005/3181 art. 153
Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)

Commencement Orders yet to be applied to the Land Charges Act 1972:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
S.I. 2003/1725 art. 2(1) commences (2002 c. 9)
S.I. 2004/3281 art. 2(2)(e) commences (2004 c. 36)
S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(e) art. 2(a) Sch. 1 para 30(b) commences (2005 c. 4)
S.I. 2009/1604 art. 2 commences (2005 c. 4)

6 The register of writs and orders affecting land.E+W

(1)There may be registered in the register of writs and orders affecting land—

(a)any writ or order affecting land issued or made by any court for the purpose of enforcing a judgment or recognisance;

(b)any order appointing a receiver or sequestrator of land;

[F1(c)any bankruptcy order, whether or not the bankrupt’s estate is known to include land,]

[F2(d)any access order under the Access to Neighbouring Land Act 1992.]

[F3(1A)No writ or order affecting an interest under a trust of land may be registered under subsection (1) above.]

(2)Every entry made pursuant to this section shall be made in the name of the estate owner or other person whose land, if any, is affected by the writ or order registered.

[F4(2A)Where a person has died and any such writ or order as is mentioned in subsection (1)(a) or (b) above would apart from his death have been registered in his name, it shall be so registered notwithstanding his death.]

(3)No fee shall be charged for the registration of a [F5bankruptcy order] if the application for registration is made by an official receiver.

(4)Except as provided by subsection (5) below and by [F6section 37(5) of the Supreme Court Act 1981] and [F7section 107(3) of the County Courts Act 1984] (which make special provision as to receiving orders in respect of land of judgment debtors) every such writ and order as is mentioned in subsection (1) above, and every delivery in execution or other proceeding taken pursuant to any such writ or order, or in obedience to any such writ or order, shall be void as against a purchaser of the land unless the writ or order is for the time being registered under this section.

[F8(5)Subject to subsection (6) below, the title of a trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth unless the bankruptcy order is for the time being registered under this section.]

(6)Where a petition in bankruptcy has been registered under section 5 above, the title of the trustee in bankruptcy shall be void as against a purchaser of a legal estate in good faith for money or money’s worth . . . F9 claiming under a conveyance made after the date of registration, unless at the date of the conveyance either the registration of the petition is in force or a receiving order on the petition is registered under this section.

Annotations:

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Amendments (Textual)

F1S. 6(1)(c) substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(a) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)

F2S. 6(1)(d) added (31.1.1993) by Access to Neighbouring Land Act 1992 (c. 23), s. 5(1); S.I. 1992/3349, art. 2.

F3S. 6(1A) inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 12(3) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2.

F4S. 6(2A) inserted (1.7.1995) by 1994 c. 36, ss. 15(4)(5), 20; S.I. 1995/1317, art. 2.

F5Words substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(b) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)

F6Words substituted by Supreme Court Act 1981 (c.54, SIF 37), s. 152(1), Sch. 5

F7Words substituted by County Courts Act 1984 (c.28, SIF 34), s. 148(1), Sch. 2 Pt. IV para. 18

F8S. 6(5) substituted by Insolvency Act 1985 (c.65, SIF 66), s. 235(1), Sch. 8 para. 21(3)(c) (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)

F9Words repealed by Insolvency Act 1985 (c.65, SIF 66), s. 235(1)(3), Sch. 8 para. 21(3)(d), Sch. 10 Pt. III (with saving in Insolvency Act 1986 (c.45, SIF 66), s. 437, Sch. 11 para. 10)

Modifications etc. (not altering text)

C1S. 6(4) restricted by County Courts Act 1984 (c.28, SIF 34), s. 107(3)