Textual Amendments
F1Word in cross-heading substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 2 (with Sch. 5 Pt. 4)
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2)Subject to subsection (6) below, the originating authority as respects a local land charge must apply to the Chief Land Registrar for its registration in the local land charges register; and on the application being made the Chief Land Registrar must register the charge accordingly.
(3)The registration in the local land charges register of a local land charge, or of any matter which when registered becomes a local land charge, must be carried out by reference to the land affected.]
(4)In this Act, “the originating authority”, as respects a local land charge, means the Minister of the Crown, government department, local authority or other person by whom the charge is brought into existence or by whom, on its coming into existence, the charge is enforceable; and for this purpose—
(a)where a matter that is a local land charge consists of or is embodied in, or is otherwise given effect by, an order, scheme or other instrument made or confirmed by a Minister of the Crown or government department on the application of another authority the charge shall be treated as brought into existence by that other authority; and
(b)a local land charge brought into existence by a Minister of the Crown or government department on an appeal from a decision or determination of another authority or in the exercise of powers ordinarily exercisable by another authority shall be treated as brought into existence by that other authority.
(5)The registration of a local land charge may be cancelled pursuant to an order of the court.
(6)Where a charge or other matter is registrable in [F4 the local land charges register ] and before the commencement of this Act was also registrable in a register kept under the M1Land Charges Act 1972, then, if before the commencement of this Act it was registered in a register kept under that Act, there shall be no duty to register it, or to apply for its registration, under this Act and section 10 below shall not apply in relation to it.
Textual Amendments
F2S. 5(1) omitted (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 5(2) (with Sch. 5 Pt. 4)
F3S. 5(2)(3) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 5(3) (with Sch. 5 Pt. 4)
F4Words in s. 5(6) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 5(4) (with Sch. 5 Pt. 4)
Modifications etc. (not altering text)
C1S. 5(4) excluded by Highways Act 1980 (c. 66, SIF 59), s. 224(3)
Marginal Citations