OpenLegislation

Paragraph

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).

Notes on Schedule 1

Modifications

C1

The text of Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Notes on The Land Powers (Defence) Act 1958

Marginal citations

M1

1958 c. 30.