{
  "url": "https://openlegislation.uk/civil-legal-aid-general-regulations-1989/regulation-97",
  "json_url": "https://openlegislation.uk/civil-legal-aid-general-regulations-1989/regulation-97.json",
  "legislation": "uksi/1989/339",
  "legislation_title": "The Civil Legal Aid (General) Regulations 1989",
  "legislation_url": "https://openlegislation.uk/civil-legal-aid-general-regulations-1989",
  "path": "regulation/97",
  "kind": "regulation",
  "number": "97",
  "heading": "Postponement of enforcement of charges over land",
  "text": "(1) This regulation applies where, in proceedings under any of the enactments referred to in regulation 96(1), there is recovered or preserved for the assisted person property which, by order of the court or under the terms of any agreement reached, is to be used as a home for the assisted person or his dependants.\n(2) Where the Area Director considers that the provisions of this regulation apply to any property, he shall so direct.\n(3) Where the Area Director has directed that this regulation applies to property and the assisted person–\n(a) wishes to use the property as a home for himself or his dependants; and\n(b) agrees in writing on a form approved by the Board to comply with the condition set out in paragraph (4),\nthe Board may, if the Area Director is satisfied that the property will provide adequate security for the sum referred to in paragraph (4), agree to defer enforcing of any charge over that property.\n(4) The condition referred to in paragraph (3) is that from the date on which the charge is first registered where that date is after 1st December 1988, simple interest shall accrue for the benefit of the Board at the rate of 12 per cent per annum (or such other rate as may from time to time be prescribed) on such sum as, but for the provisions of this regulation, the Board would have retained under regulation 92(b) in respect of the property to which this regulation applies.\n(5) Where, in a case to which this regulation applies, the charge in favour of the Board has not yet been registered in accordance with regulation 95(3) and the assisted person–\n(a) wishes to purchase a different property in substitution for the property which is the subject of the order or agreement referred to in paragraph (1); and\n(b) agrees in writing on a form approved by the Board to comply with the conditions set out in paragraph (6),\nthe Board may, if the Area Director is satisfied that the property to be purchased will provide adequate security for the sum referred to in paragraph (4), agree to defer enforcing any charge over that property.\n(6) The conditions referred to in paragraph (5) are that–\n(a) the property to be purchased shall be subject to a charge executed in favour of the Board and registered in accordance with regulation 95(3); and\n(b) from the date on which the charge is first registered where that date is after 1st December 1988, simple interest shall accrue for the benefit of the Board at the rate referred to in paragraph (4) on the sum referred to in that paragraph.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1994/1822",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994"
    },
    {
      "type": "rev. in Pt.",
      "affecting": "uksi/1994/1822",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1994/1822",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/1822",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/1822",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1994/1822",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1991/2036",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1991"
    },
    {
      "type": "amended",
      "affecting": "uksi/1991/2036",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1991"
    },
    {
      "type": "amended",
      "affecting": "uksi/1994/229",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) Regulations 1994"
    },
    {
      "type": "amended",
      "affecting": "uksi/1991/2784",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 3) Regulations 1991"
    },
    {
      "type": "amended",
      "affecting": "uksi/1993/1756",
      "affecting_title": "The Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1993"
    },
    {
      "type": "am",
      "affecting": "uksi/2005/1802",
      "affecting_title": "The Civil Legal Aid (General)(Amendment No.2) Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/339/regulation/97",
    "retrieved_at": "2026-10-29T15:48:43.448906+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}