Local Land Charges Act 1975

Section 17.

SCHEDULE 1 Consequential Amendments

Acts

[1925 c. 20.] The Law of Property Act 1925

In section 198 of the Law of Property Act 1925—

(a) in subsection (1), for the words from "under" to "elsewhere" substitute " in any register kept under the Land Charges Act 1972 or any local land charges register ";

(b) in subsection (2), for " under the Land Charges Act 1925 " substitute " in any such register ".

[1925 c. 21.] The Land Registration Act 1925

For section 3(ix) of the Land Registration Act 1925 substitute—

“(ix) ' Land charge ' means a land charge of any class described in section 2 of the Land Charges Act 1972 or a local land charge ;”.

[1931 c. 16.] The Ancient Monuments Act 1931

In section 11 of the Ancient Monuments Act 1931, for the words from the beginning to " as if they were " substitute " The following instruments shall be " and omit the words from " and every such " to the end of the section.

[1948 c. 17.] The Requisitioned Land and War Works Act 1948

In section 14 of the Requisitioned Land and War Works Act 1948—

(a) in subsection (1), for the words from " in the prescribed manner" to the end of the subsection substitute " in the appropriate local land charges register; and on any application being made for that purpose to the authority keeping that register that authority shall register the rights accordingly. ";

(b) in subsection (3), for the words from " but the said section " to the end of the subsection substitute " but the rights conferred by that section shall, as respects the land on which the line as diverted, and any such works, are constructed be a local land charge; and for the purposes of the Local Land Charges Act 1975 the Minister maintaining and using, or authorising the maintenance and use of, the said line or works shall be treated as the originating authority as respects such charge. ";

(c) for subsection (4) substitute—

“(4) Rights registered in a local land charges register in pursuance of subsection (1) of this section shall be a local land charge, but

(a) section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto ; and

(b) a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any pipeline or works accessory thereto, be conclusive of the question whether, at the time of the issue of the certificate, rights registrable under subsection (1) of this section were registered.”.

[1949 c. 67.] The Civil Aviation Act 1949

In section 33 of the Civil Aviation Act 1949—

(a) in subsection (1), for the words from the beginning to " that is to say " substitute " The following instruments shall, when operative, be local land charges " and omit the words from' " becomes operative " to the end of the subsection ;

(b) omit subsections (2) and (3).

[1949 c. 74.] The Coast Protection Act 1949

For section 8(8) of the Coast Protection Act 1949 substitute—

“(8) A works scheme indicating land as contributory land shall, when operative, be a local land charge as respects the contributory land.”.

[1950 c. 39.] The Public Utilities Street Works Act 1950

For paragraphs 2 to 4 of Schedule 2 to the Public Utilities Street Works Act 1950 substitute—

“2 A declaration made under this Schedule shall be a local land charge.”.

[1954 c. 23.] The Hill Farming Act 1954

In section 2 of the Hill Farming Act 1954, for the words from " shall be registered " to the end of the subsection in subsection (1) substitute " shall be a local land charge " , and omit subsection (2).

[1956 c. 59.] The Underground Works (London) Act 1956

For section 6(9) of the Underground Works (London) Act 1956 substitute—

“(9) The restriction imposed by subsection (1) of this section shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the registering authority shall be treated as the originating authority as respects such charge”.

[1957 c. 56.] The Housing Act 1957

For section 104(5) of the Housing Act 1957 substitute—

“(5) Any such condition as is mentioned in subsection (3)(a) or (b) .of this section imposed on the sale of a house by a local authority shall be a local land charge.”.

[1958 c. 30.] The Land Powers (Defence) Act 1958

In section 17 of the Land Powers (Defence) Act 1958—

(a) for subsection (1) substitute—

“(1) A wayleave order shall be a local land charge.

(1A) Notwithstanding subsection (1) of this section and subject to subsection (1B) of this section, where, before the commencement of the Local Land Charges Act 1975, a draft wayleave order was registered in the appropriate local land charges register there shall be no duty to register, or to apply for the registration of, any wayleave order made pursuant to the draft order, and section 10 of the said Act shall not apply in relation to any such wayleave order.

(1B) Subsection (1A) of this section shall not apply to any wayleave order so far as the order applies to land not affected by the draft wayleave order or, where the registration of the draft order was, before the commencement of the said Act of 1975, varied in consequence of the order as made differing from the draft, so far as it applies to land not shown as affected in the registered particulars of the draft order as varied.”;

(b) in subsection (2)(a), for the words from "in the prescribed manner " to " situated " substitute " in the appropriate local land charges register ";

(c) after subsection (2) insert—

“(2A) Where an application is made for the registration of a notice in the appropriate local land charges register in pursuance of subsection (2) of this section, the authority keeping that register shall register the notice accordingly.”;

(d) for subsection (3) substitute—

“(3) A notice registered in a local land charges register in pursuance of subsection (2) of this section shall be a local land charge, but—

(a) section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto ; and

(b) a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any land, be conclusive of the question whether, at the time of the issue of the certificate, a notice registrable in pursuance of subsection (2) of this section was registered in the register.”;

(e) in subsection (4)—

(i) for " the said subsection (6) " substitute " section 14 of the Local Land Charges Act 1975 " , and

(ii) omit paragraphs (a) and (b) and the words " under this section " in paragraph (c).

[1958 c. 69.] The Opencast Coal Act 1958

In section 11 of the Opencast Coal Act 1958—

(a) for subsection (1) substitute—

“(1) A compulsory rights order shall be a local land charge.”;

(b) omit subsection (2);

(c) in subsection (3), for the words from "by virtue of" to " preceding subsection " substitute " under section 14 of the Local Land Charges Act 1975 for the purposes of this section ".

[1959 c. 25.] The Highways Act 1959

In the Highways Act 1959—

(a) in each of the following provisions, namely, sections 72(11),

73(11) and 81(13)—

(i) for the words from the beginning to " apply to " substitute " In relation to "; and

(ii) for the words from "as if" onwards substitute " section 1(1)(c) of the Local Land Charges Act 1975 shall have effect as if the references to the date of the commencement of that Act were omitted ";

(b) for section 92(5) substitute—

“(5) An agreement under this section shall be a local land charge.”;

(c) in section 197(1), for the words from " registered " onwards substitute " local land charges ".

[1959 c. 56.] The Rights of Light Act 1959

In the Rights of Light Act 1959—

(a) in section 2(4), for the words from " the proper officer" onwards substitute

“that authority to register the notice in the appropriate local land charges register, and—

(a) any notice so registered under this section shall be a local land charge ; but

(b) section 5(1) and (2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto.”;

(b) in section 5, omit subsection (1), and for the words from " by virtue of " to "preceding subsection" in subsection (2) substitute " under section 14 of the Local Land Charges Act 1975 for the purposes of section 2 of this Act ";

(c) in section 7(1), for the definition of " local authority" substitute—

• “' local authority ', in relation to land in a district or a London borough, means the council of the district or borough, and, in relation to land in the City of London, means the Common Council of the City ;”.

[1961 c. 48.] The Land Drainage Act 1961

In section 30 of the Land Drainage Act 1961, omit the words from " and any such " to the end of the subsection in subsection (8) and after that subsection insert—

“(8A) A scheme made under this section shall be a local land charge.”.

[1961 c. 49.] The Cover Garden Market Act 1961

For section 48(1) of the Covent Garden Market Act 1961 substitute—

“(1) A restriction imposed by section twenty-three of the Covent Garden Market Act 1966 shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the registering authority shall be treated as the originating authority as respects such charge.”.

[1961 c. 65.] The Housing Act 1961

For section 12(7) of the Housing Act 1961 substitute—

“(7) An order under this section shall be a local land charge.”.

[1964 c. 56.] The Housing Act 1964

For section 73(5) of the Housing Act 1964 substitute—

“(5) A control order shall be a local land charge.”.

[1965 c. 36.] The Gas Act 1965

In the Gas Act 1965—

(a) for section 5(10) substitute—

“(10) The following shall be local land charges, namely, a storage authorisation order, any conditions attached to a consent given by the Secretary of State under this section and, save in so far as it revokes any conditions, any further decision taken by the Secretary of State under subsection (8) of this section.”;

(b) in section 11(3), for the words from "registered" onwards substitute " a local land charge. ";

(c) for section 27(1) substitute—

“(1) For the purposes of the Local Land Charges Act 1975, the Corporation shall be treated as the originating authority as respects any matter which is a local land charge by virtue of this Part of this Act.”;

(d) omit section 27(2) to (4).

[1965 c. 59.] The New Towns Act 1965

In the New Towns Act 1965—

(a) for section 1(4) substitute—

“(4) An order under this section shall, when operative, be a local land charge.”;

(b) for section 9 substitute—

“9 A compulsory purchase order under section 7 or 8 of this Act shall, when operative, be a local land charge.”.

[1967 c. 22.] The Agriculture Act 1967

In the Agriculture Act 1967—

(a) for section 45(6) substitute—

“(6) As respects the area of a Rural Development Board established under this section the provisions of this Part Of this Act controlling sales of land and controlling afforestation shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the appropriate Minister shall be treated as the originating authority as respects such charge.”;

(b) omit section 45(7) and (8) and the words " (7) and (8) " in section 45(9);

(c) for paragraph 2(1) of Schedule 3 substitute—

“(1) As respects a unit of land to which this Schedule applies, the conditions specified in this Schedule shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge, and for the purposes of that Act the appropriate Minister or, where this Schedule is applied to the unit by a conveyance by a Rural Development Board, the relevant Rural Development Board shall be treated as the originating authority as respects such charge.”;

(d) omit paragraph 2(2) and (3) of Schedule 3.

[1967 c. 88.] The Leasehold Reform Act 1967

In section 19 of the Leasehold Reform Act 1967—

(a) in subsection (10), for the words from " shall be registered " to "so registered " substitute " shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge and for the purposes of that Act the landlord for the area to which it relates shall be treated as the originating authority as respects such charge; and where a scheme is registered in the appropriate local land charges register ";

(b) after subsection (10) insert—

“(10A) Section 10 of the Local Land Charges Act 1975 shall not apply in relation to schemes which, by virtue of this section, are local land charges.”.

[1968 c. 61.] The Civil Aviation Act 1968

In section 21 of the Civil Aviation Act 1968—

(a) for subsection (1) substitute—

“(1) A right in or in relation to land in England and Wales granted or agreed to be granted after the passing of this Act and enforceable by virtue of section 23(7) of the Civil Aviation Act 1949 (powers over land in connection with civil aviation) shall be a local land charge.”;

(b) omit subsections (2) and (3).

[1971 c. 41.] The Highways Act 1971

In the Highways Act 1971—

(a) for section 18(4) substitute—

“(4) A covenant contained in an agreement under this section and entered into by a person having an interest in any land affected by the agreement shall be a local land charge.”;

(b) in section 38(11)—

(i) for the words from the beginning to "apply to" substitute " In relation to "; and

(ii) for the words from "as if" onwards substitute " section 1(1)(c) of the Local Land Charges Act 1975 shall have effect as if the references to the date of the commencement of that Act were references to the date of the coming into force of this section. ";

(c) for section 81(2) substitute—

“(2) Any charge acquired by the Secretary of State by virtue of subsection (1) of the said section 264 shall be a local land charge.”.

[1971 c. 75.] The Civil Aviation Act 1971

In section 16 of the Civil Aviation Act 1971—

(a) for subsection (2) substitute—

“(2) A right in or in relation to land in England or Wales granted or agreed to be granted to the Authority and enforceable by virtue of the preceding subsection shall be a local land charge.”;

(b) omit subsections (3) and (4).

[1971 c. 78.] The Town and Country Planning Act 1971

In the Town and Country Planning Act 1971—

(a) in section 54(6), for the words from "registered" onwards substitute " a local land charge, and for the purposes of the Local Land Charges Act 1975 the council with whom a copy is deposited shall be treated as the originating authority as respects the charge thereby constituted. ";

(b) in section 158(5), for the words from " registered " onwards substitute " local land charges, and for the purposes of the Local Land Charges Act 1975 the council with whom any such notice is deposited shall be treated as the originating authority as respects the charge thereby constituted. "; and

(c) in section 277(9), for the words from " registered " onwards substitute " a local land charge. ".

[1972 c. 43.] The Field Monuments Act 1972

In the Schedule to the Field Monuments Act 1972, for paragraphs 3 and 4 substitute—

“3 In relation to acknowledgment payment agreements section 1(1)(c) of the Local Land Charges Act 1975 shall have effect as if the references to the date of the commencement of that Act were references to the date of the passing of this Act.”.

[1973 c. 26.] The Land Compensation Act 1973

In the Land Compensation Act 1973—

(a) in section 8, omit the words from " and any particulars " to the end of the subsection in subsection (4) and after that subsection insert—

“(4A) Any particulars deposited pursuant to subsection (4) above shall be a local land charge and for the purposes of die Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.”;

(b) in section 24(3), omit the words " Subject to subsection (4) below " , and for section 24(4) substitute—

“(4) An agreement made under this section shall be a local land charge.”;

(c) in section 52(8), substitute " Before " for " Where ", insert " to be made " after " payment " in the second place where that word occurs, and omit the words from " and any particulars " onwards ;

(d) after section 52(8) insert—

“(8A) Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted.”;

(e) in section 52(9), for the words from the beginning to " the claimant" substitute " Where a local land charge is registered in the appropriate local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter he ".

[1974 c. 44.] The Housing Act 1974

In the Housing Act 1974—

(a) in section 36, for subsection (5) substitute—

“(5) A resolution declaring an area to be a housing action area shall be a local land charge.”;

(b) in section 52, for subsection (6) substitute—

“(6) A resolution declaring an area to be a priority neighbourhood shall be a local land charge.”;

(c) in section 75, for subsection (5) substitute—

“(5) A grant condition shall be a local land charge.”;

(d) in section 90, for subsection (4) substitute—

“(4) An improvement notice served under this section shall be a local land charge.”;

(e) in section 126 omit the words from " and the instrument is registered " to the end of the subsection in subsection (1) and after subsection (4) insert—

“(4A) In relation to a covenant falling within subsection (2) above, section 1(1)(d) of the Local Land Charges Act 1975 shall have effect as if the reference to the commencement of that Act were a reference to the corning into operation of this section. Measure”

[1968 No. 1.] The Pastoral Measure 1968

In section 65(5) of the Pastoral Measure 1968, for the words from " shall be deposited" onwards substitute " shall be deposited with the registering authority (within the meaning of the Local Land Charges Act 1975), and the order shall be a local land charge. "