Part 7Miscellaneous provisions
132Procedure in respect of charges on land
Where by this Act any money is declared to be a charge on any land the following provisions shall apply:
- if any question or dispute arises as to the fact or amount of the charge, or as to the land subject thereto, or as to the persons liable to pay the amount of the charge, it shall be determined by the District Court on the application of any interested party, and the court's decision shall be final:
- subject to any decision of the court, a certificate under the hand of the medical officer of health or of the mayor, chairperson, or chief executive of the local authority is sufficient evidence of the amount of the charge, the land subject to the charge, and the persons liable to pay the amount of the charge:
- the charge may be registered under the provisions of subpart 5 of Part 3 of the Land Transfer Act 2017:
- except as hereinafter provided, the charge shall, on registration, have priority over all existing or subsequent mortgages, charges, or encumbrances howsoever created. Notwithstanding anything to the contrary in any other Act, if any land subject to the charge is also subject to a charge created by that other Act, the charges shall rank equally with each other unless by virtue of that other Act the charge created thereby would be deferred to the charge created by this Act.
Notes
- Section 132(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 132(b): replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).
- Section 132(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).