Volume 1

Glen's law of public health and local government / [William Cunningham Glen].

  • W. Cunningham Glen
Date:
1925
Catalogue details

Licence: Public Domain Mark

Credit: Glen's law of public health and local government / [William Cunningham Glen]. Source: Wellcome Collection.

    1474/1480 (page 1204)
    Clause 57. Charging orders. Registration. [Inspection of Scheme.7] Service of notices. them of such power or of their intention to exercise such power, as the case may be, or, where an appeal lies and is made to the Minister against the exercise by the Council of such power, [or the approval of the Minister is required to the exercise of such power,4] the date on which notice is given to the claimant of the Minister’s decision on the appeal [or the date of his approval4]. Clause 58.— (1) Where any owner has paid any sum required to be paid under sect. 58 of the Act, in respect of the increase in value in his land by reason of the operation of this Scheme, or where any other person has advanced money for that purpose, such owmer or person may apply to the Council for a charging order, and on production of the receipt for the sum so paid, the Council shall make an order charging on the land an annuity to repay the amount. (2) The annuity charged shall be such annual sum as will repay the said amount by equal instalments of principal and interest combined in a period of 30 years, interest being calculated at the same rate as that which, at the date when the charge is made, is the rate of interest charged on loans granted by the Public Works Loan Commissioners to local authorities for the same period, and shall commence from the date of the order, and be payable to the person named in such order, his executors, administrators or assigns. (3) Any such annuity ma}7 be recovered by the person for the time being entitled to it by the same means and in like manner in all respects as if it were a rent charge granted by deed out of the land by the owner thereof. (4) A charge made under this Clause shall be a land charge W'ithin the meaning of the Land Charges Registration and Searches Act, 1888, as amended by any subsequent enactment, and may be registered accordingly.5 (5) The provisions of sect. 37 of the Housing of the Working Classes Act, 1890, as amended by the Act of 1909 (other than sub-sect. (4) of that section), shall apply to charges created under this clause.6 (6) Charging orders and transfers of charges may be made under this Clause according to the Forms A and B in the Fifth Schedule to this Scheme or in any other convenient form. (7) Any owner or other person interested in land on w7hich an annuity has been charged under this Clause may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed or in default of agreement determined by the Minister. Clause 59. Any person may, in consideration of such annual payment not exceeding T1 as the Council may fix, require the Council to register his name, and the Council shall thereafter serve upon that person at the last address notified by him to the Council a copy of every advertisement which, under the provisions of this Scheme, the Council are required to insert in some local newspaper circulating in the area. Clause 60. The Council shall permit any person interested to inspect at any reasonable time the duplicate of the map deposited in the offices of the Clerk to the Council [and the agreements of which particulars are set out in the Fourth Schedule to this Scheme.7] Clause 61. Notices or other documents required or authorised to be served under this Scheme shall be in writing and may be served :— (a) by delivery of the same personally to the person required to be served, or, if such person is absent abroad or cannot be found, to his agent; or (b) by leaving the same at the usual or last knowm place of abode or business of such person as aforesaid; or (c) by post as a registered letter addressed to the usual or last known place of abode of such person; or (d) in the case of a notice required to be served on a local authority or corporate body or company, by delivering the same to their clerk or secretary or leaving the same at the office of the authority or body or, in the case of the company, at the registered office, with some person employed there, or by post as a registered letter addressed to such clerk or secretary at that office : Provided that if the owmer of any land is not knowm to, and after reasonable inquiry cannot be ascertained by, the Council, the notice may be served by leaving it, addressed to “ the owner,” with some occupier of the land, or if there is no occupier, by affixing it to some conspicuous part of the land. (4) See footnote (5a), ante, p. 1186. (5) As to such charges, see post, Vol. II., (6) See ante, p. 1059. (7) Minor amendments by Supplement