(1)An order of apportionment of a rent reserved by a lease or any such other rent or payment as is mentioned in section ten of the M1Inclosure Act, 1854, may be made by the Minister of Agriculture and Fisheries under sections ten to fourteen of that Act, on the application of any person interested in the rent or payment, or any part thereof, or in the land in respect of which such rent or payment is payable, without the concurrence of any other person:
Provided that the Minister may in any such case, on the application of any person entitled to the rent or payment or any part thereof, require as a condition of making the order that any apportioned part of the rent or payment which does not exceed the yearly sum of [F1£5] shall be redeemed forthwith [F2in accordance with sections 8 to 10 of the M2Rentcharges Act 1977 (which, for the purposes of this section, shall have effect with the necessary modifications)]
[F31(A)An order of apportionment under sections 10 to 14 of the said Act of 1854 may provide for the amount apportioned to any part of the land in respect of which the rent or payment is payable to be nil.]
(2)Where the reason for the application was due to any action taken by a person other than the applicant, the Minister shall, notwithstanding anything in section fourteen of the M3Inclosure Act, 1854, have power to direct by whom and in what manner the expenses of the application or any part thereof are to be paid.
[F4(3)This section does not apply to occupation contracts within the meaning of section 7 of the Renting Homes (Wales) Act 2016 (anaw 1).]
Textual Amendments
F1Words substituted by Housing Act 1980 (c. 51), s. 143(1)
F2Words substituted by Rentcharges Act 1977 (c. 30), s. 17(1), Sch. 1 para. 3 (subject to savings in s. 17(4) in relation to certain applications for apportionment or redemption made before 1.2.1978 and in s. 17(5) in relation to certain conditional apportionment orders made before 1.2.1978)
F3S. 20(1A) inserted by Housing Act 1980 (c. 51, SIF 61), s. 143(3)
F4S. 20(3) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 3(3)
Modifications etc. (not altering text)
C1Functions of Minister of Agriculture and Fisheries under s. 20 now exercisable by Secretary of State by S.I. 1955/554; S.I. 1965/143; S.I. 1967/156; S.I. 1970/1681
C2Power to vary amount conferred by Housing Act 1980 (c. 51), s. 143(2)
Marginal Citations