Local Land Charges Act 1975

ActsE+W

The M1Law of Property Act 1925E+W

In section 198 of the Law of Property Act 1925—

(a)in subsection (1), for the words from “under” to “elsewhere” substitute “in any register kept under the Land Charges Act 1972 or any local land charges register”;

(b)in subsection (2), for “under the Land Charges Act 1925” substitute “in any such register”.

The M2Land Registration Act 1925E+W

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The M3Ancient Monuments Act 1931E+W

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The M4Requisitioned Land and War Works Act 1948E+W

In section 14 of the Requisitioned Land and War Works Act 1948—

(a)in subsection (1), for the words from “in the prescribed manner” to the end of the subsection substitute “in the appropriate local land charges register ; and on any application being made for that purpose to the authority keeping that register that authority shall register the rights accordingly.”;

(b)in subsection (3), for the words from “but the said section” to the end of the subsection substitute “but the rights conferred by that section shall, as respects the land on which the line as diverted, and any such works, are constructed be a local land charge ; and for the purposes of the Local Land Charges Act 1975 the Minister maintaining and using, or authorising the maintenance and use of, the said line or works shall be treated as the originating authority as respects such charge.”;

(c)for subsection (4) substitute—

“(4)Rights registered in a local land charges register in pursuance of subsection (1) of this section shall be a local land charge, but

(a)section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto ; and

(b)a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any pipeline or works accessory thereto, be conclusive of the question whether, at the time of the issue of the certificate, rights registrable under subsection (1) of this section were registered.”

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The M5Coast Protection Act 1949E+W

For section 8(8) of the Coast Protection Act 1949 substitute—

“(8)A works scheme indicating land as contributory land shall, when operative, be a local land charge as respects the contributory land.”

The M6Public Utilities Street Works Act 1950E+W

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The M7Hill Farming Act 1954E+W

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The M8Underground Works (London) Act 1956E+W

For section 6(9) of the Underground Works (London) Act 1956 substitute—

“(9)The restriction imposed by subsection (1) of this section shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the registering authority shall be treated as the originating authority as respects such charge”

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The M9Land Powers (Defence) Act 1958E+W

In section 17 of the Land Powers (Defence) Act 1958—

(a)for subsection (1) substitute—

“(1)A wayleave order shall be a local land charge.

(1A)Notwithstanding subsection (1) of this section and subject to subsection (IB) of this section, where. before the commencement of the Local Land Charges Act 1975, a draft wayleave order was registered in the appropriate local land charges register there shall be no duty to register, or to apply for the registration of, any wayleave order made pursuant to the draft order, and section 10 of the said Act shall not apply in relation to any such wayleave order.

(1B)Subsection (1A) of this section shall not apply to any wayleave order so far as the order applies to land not affected by the draft wayleave order or, where the registration of the draft order was, before the commencement of the said Act of 1975, varied in consequence of the order as made differing from the draft, so far as it applies to land not shown as affected in the registered particulars of the draft order as varied.”

(b)in subsection (2)(a), for the words from “in the prescribed manner” to “situated” substitute “in the appropriate local land charges register”

(c)after subsection (2) insert—

“(2A)Where an application is made for the registration of a notice in the appropriate local land charges register in pursuance of subsection (2) of this section, the authority keeping that register shall register the notice accordingly.”

(d)for subsection (3) substitute—

“(3)A notice registered in a local land charges register in pursuance of subsection (2) of this section shall be a local land charge, but—

(a)section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto ; and

(b)a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any land, be conclusive of the question whether, at the time of the issue of the certificate, a notice registrable in pursuance of subsection (2) of this section was registered in the register.”

(e)in subsection (4)—

(i)for “the said subsection (6)” substitute “section 14 of the Local Land Charges Act 1975”, and

(ii)omit paragraphs (a) and (b) and the words “under this section” in paragraph (c).

The M10Opencast Coal Act 1958E+W

In section 11 of the Opencast Coal Act 1958—

(a)for subsection (1) substitute—

“(1)A compulsory rights order shall be a local land charge.”

(b)omit subsection (2)

(c)in subsection (3), for the words from “by virtue of” to “preceding subsection” substitute “under section 14 of the, Local Land Charges Act 1975 for the purposes of this section”.

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The M11Rights of Light Act 1959E+W

In the Rights of Light Act 1959—

(a)in section 2(4), for the words from “the proper officer” onwards substitute “that authority to register the notice in the appropriate local land charges register, and—

(a)any notice so registered under this section shall be a local land charge ; but

(b)section 5(1) and (2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto.”

(b)in section 5, omit subsection (1), and for the words from “by virtue of” to “preceding subsection” in subsection (2) substitute “under section 14 of the Local Land Charges Act 1975 for the purposes of section 2 of this Act”.

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M12Land Drainage Act 1961E+W

In section 30 of the Land Drainage Act 1961, omit the words from “and any such” to the end of the subsection in subsection (8) and after that subsection insert—

“(8A) A scheme made under this section shall be a local land charge.”

The M13Covent Garden Market Act 1961E+W

For section 48(1) of the Covent Garden Market Act 1961 substitute—

“(1)A restriction imposed by section twenty-three of the Covent Garden Market Act 1966 shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the registering authority shall be treated as the originating authority as respects such charge.”

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The M14Housing Act 1964E+W

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The M15Gas Act 1965E+W

In the Gas Act 1965—

(a)for section 5(10) substitute—

“(10)The following shall be local land charges, namely, a storage authorisation order, any conditions attached to a consent given by the Secretary of State under this section and, save in so far as it revokes any conditions, any further decision taken by the Secretary of State under subsection (8) of this section.”

(b)in section 11(3), for the words from “registered” onwards substitute “a local land charge.”;

(c)for section 27(1) substitute—

“(1)For the purposes of the Local Land Charges Act 1975, the Corporation shall be treated as the originating authority as respects any matter which is a local land charge by virtue of this Part of this Act.”

(d)omit section 27(2) to (4).

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The M16Agriculture Act 1967E+W

In the Agriculture Act 1967—

(a)for section 45(6) substitute—

“(6)As respects the area of a Rural Development Board established under this section the provisions of this Part of this Act controlling sales of land and controlling afforestation shall be a local land charge, and for the purposes of the Local Land Charges Act 1975 the appropriate Minister shall be treated as the originating authority as respects such charge.”

(b)omit section 45(7) and (8) and the words “(7) and (8)” in section 45(9);

(c)for paragraph 2(1) of Schedule 3 substitute—

“(1)As respects a unit of land to which this Schedule applies, the conditions specified in this Schedule shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge, and for the purposes of that Act the appropriate Minister or, where this Schedule is applied to the unit by a conveyance by a Rural Development Board, the relevant Rural Development Board shall be treated as the originating authority as respects such charge.”

(d)omit paragraph 2(2) and (3) of Schedule 3.

The M17Leasehold Reform Act 1967E+W

In section 19 of the Leasehold Reform Act 1967—

(a)in subsection (10), for the words from “shall be registered” to “so registered” substitute “shall (notwithstanding section 2(a) or (b) of the Local Land Charges Act 1975) be a local land charge and for the purposes of that Act the landlord for the area to which it relates shall be treated as the originating authority as respects such charge ; and where a scheme is registered in the appropriate local land charges register”;

(b)after subsection (10) insert—

“(10A)Section 10 of the Local Land Charges Act 1975 shall not apply in relation to schemes which, by virtue of this section, are local land charges.”

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The M18Field Monuments Act 1972E+W

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The M19Land Compensation Act 1973E+W

In the Land Compensation Act 1973—

(a)in section 8, omit the words from “and any particulars” to the end of the subsection in subsection (4) and after that subsection insert—

“(4A)Any particulars deposited pursuant to subsection (4) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as tge originating authority as respects the charge thereby constituted .”

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in section 52(8), substitute “Before” for “Where”, insert “to be made” after “payment” in the second place where that word occurs, and omit the words from “and any particulars” onwards;

(d)after section 52(8) insert—

“(8A)Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the Local Land Charges Act 1975 the council with whom any such particulars are desposited shall be treated as the originating authority as respects the charge thereby constituted.”

(e)in section 52(9), for the words from the beginning to “the claimant” substitute “Where a local land charge is registered in the appropriate local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter he”.

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E+W Measure

The M20Pastoral Measure 1968E+W

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