Regulation 4 Adequate securityI1

England and Wales

(1)

The local authority must obtain—

(a)

adequate security for the payment of the adult’s deferred amount^f1 and any interest or administration costs which are treated in the same way as the adult’s deferred amount; and

(b)

the consent referred to in paragraph (4), if the authority considers it is necessary to do so.

(2)

For the purposes of regulation 2, “adequate security” is a charge by way of legal mortgage for an amount which is at least equal to the deferred amount and any interest or administration costs which are to be treated in the same way as the adult’s deferred amount and which is capable of being registered as a first legal charge in favour of the local authority in the land register^f2.

(3)

For the purposes of regulation 3, “adequate security” is—

(a)

a charge by way of legal mortgage for an amount which is at least equal to the adult’s deferred amount and any interest or administration costs which are to be treated in the same way as the adult’s deferred amount and which is capable of being registered as described in paragraph (2); or

(b)

any other security which the local authority considers is sufficient to secure payment of the deferred amount and any interest and administration costs which are to be treated in the same way as the adult’s deferred amount.

(4)

The consent required by paragraph (1) is consent which in the opinion of the local authority is genuine and informed consent given in writing to the matters specified in paragraph (5) by any person—

(a)

who the authority considers has an interest in the land or other asset in respect of which a charge will be obtained; and

(b)

whose interest the authority considers may prevent it from exercising a power of sale of the land or asset or recovering the deferred amount.

(5)

The matters specified are—

(a)

the creation of a charge; and

(b)

the charge taking priority to and ranking before any interest the person has in the land or other asset which will be the subject of the charge.

Annotations

Commencement

I1: Reg. 4 in force at 1.4.2015 in accordance with reg. 1(1)

Footnotes

f1: See section 34(6) for the meaning of “deferred amount”.
f2: See the Land Registration Act 2002 (c.9), section 132(1) for the meaning of “charge”, “legal mortgage”, “register”.