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Rentcharges Act 1977

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This is the original version (as it was originally enacted).

17Amendments, repeals and transitional provisions

(1)The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule.

(2)The enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)Nothing in section 2 above shall prohibit the creation of any rentcharge—

(a)in pursuance of an agreement entered into before the passing of this Act; or

(b)in the case of land subject to compulsory purchase before that date, in pursuance of section 24 of the Compulsory Purchase Act 1965,

and notwithstanding the repeal of the said section 24 by Schedule 2 to this Act, the provisions of that section shall (in a case falling within paragraph (b) above) continue to have effect in relation to the creation of any rentcharge by virtue of this subsection.

(4)Nothing in this Act shall affect any application for apportionment or redemption made, before the coming into force of the relevant provision of Schedule 1 or 2 to this Act, under any enactment amended or repealed thereby; and any such application shall continue to be dealt with in accordance with the provisions of the enactment under which the application was made.

(5)Where, by virtue of section 20 of the Landlord and Tenant Act 1927, an apportionment order made before the coming into force of paragraph 3 of Schedule 1 to this Act was conditional upon the redemption of an apportioned part of rent, that order shall have effect, and an application for redemption of that part may be made and disposed of, as if this Act had not been passed.

(6)Nothing in the repeal by this Act of paragraph 8 of Schedule 1 to the Leasehold Reform Act 1967 shall prevent the creation of a rentcharge under that paragraph in a case where written notice has been duly given to the reversioner by the claimant under that paragraph before the coming into force of the repeal; and paragraph 8 shall, notwithstanding the repeal, continue to have effect, subject to the provisions of this Act, in relation to rentcharges created under it.

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