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Highways Act 1980

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212 Recovery of expenses and charge thereof on premises.E+W+S+N.I.

(1)A street works authority may from time to time recover from the owner for the time being of any premises in respect of which any sum is due for expenses of street works the whole or any portion of that sum together with interest at such reasonable rates as the authority may determine from the date of the final apportionment.

(2)The sum apportioned on any premises by the final apportionment or, as the case may be, by that apportionment as amended by a court, together with interest from the date of the final apportionment is, until recovered, a charge on the premises and on all estates and interests therein.

(3)A street works authority, for the purpose of enforcing a charge under subsection (2) above before it is registered under the M1Local Land Charges Act 1975, have the same powers and remedies under the M2Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease and of appointing a receiver.

(4)A street works authority may by order declare the expenses apportioned on any premises by a final apportionment made by the proper officer of the council or, as the case may be, by that apportionment as amended by a court, to be payable by annual instalments within a period not exceeding 30 years, together with interest from the date of the final apportionment; and any such instalment and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises.

Schedule 13 of this Act applies in relation to any sum paid by an occupier of premises under this subsection.

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