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Civil Defence Act 1939

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This is the original version (as it was originally enacted).

29Loans by local authorities to owners of dwelling-houses

(1)The local authority may advance money to the owner of any premises comprising a dwelling-house by in specified by the Minister in an order made to under Part III of this Act (not being premises the occupier of which has been provided free of charge, on behalf of His Majesty, with materials for an air-raid shelter) for the purpose of enabling the owner to provide in the premises an air-raid shelter of a permanent character.

(2)Every such advance shall be repaid with interest within such period not exceeding ten years from the date of the advance as may be agreed, and the rate of interest - shall be such a rate as may be agreed, not being a rate less than one-quarter per cent. in excess of the rate of interest which, one month before the date on which the terms of the advance are settled, was the rate fixed by the Treasury under section one of the Public Works Loans Act, 1897, in respect of loans to local authorities advanced out of the Local Loans Fund for the purposes of Part V of the Housing Act, 1936.

(3)Any amount due to a local authority by way of repayment of an advance made by them under this section may be recovered summarily as a civil debt, and shall be a charge on the premises in respect of which the advance was made, and the local authority shall, for the purpose of enforcing any such charge, have the same powers and remedies under the Law of Property Act, 1925, and otherwise as they would have if they were mortgagees by deed having powers of sale and lease and of appointing a receiver.

(4)The Public Works Loans Commissioners may, if they think fit, make loans in the manner provided by the public works Loans Act, 1875, to any local authority for purpose of enabling the authority to make advances under this section, and the enactments relating to loans made by the said Commissioners shall apply (so far as applicable) to loans made by virtue of this subsection as they apply to loans made under section nine of the said Act.

(5)In this section the expression " owner" in relation to any premises, means the person in whom the fee simple is vested, and includes also a lessee of the premises under a lease the unexpired term of which exceeds three years.

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