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PART 5Miscellaneous

77Private sewers

(1)The amount of—

(a)any sum specified in a notice served by a borough council under section 35(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) and which the council are entitled to recover by virtue of subsection (6)(a) of that section; or

(b)any smaller sum which the council are entitled to recover by virtue of subsection (6)(b) of that section,

shall be a charge on the appropriate premises as from the date on which the council is entitled to recover that sum by virtue of the said subsection (6)(a) or (6)(b), as the case may be.

(2)A borough council shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925 (c. 20), and otherwise, as if they were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(3)In this section, “appropriate premises” means the premises of which the recipient of the notice mentioned in subsection (1)(a) above is or was the owner or occupier, and in respect of which the notice was served.