Article 30 Refunds of sums paid or secured under Article 24(1)
Where under this Part a sum paid or secured under Article 24(1) or any part thereof is or is to be dealt with in accordance with this Article, then, subject to this Article,—
if the sum was paid, the Department shall refund that sum or, as the case may be, that part to the responsible person;
if the sum was secured and the person whose property is security for the payment thereof is the responsible person, the Department shall acknowledge that the security is released to the extent of that sum or, as the case may be, that part;
if the sum was secured and the person whose property is security for the payment thereof is not the responsible person, the Department shall be entitled to realise the security and pay to the responsible person—
an amount equal to that sum or, as the case may be, that part; or
any amount produced by realising the security;
whichever is the less.
Where any land in respect of which a sum has been secured under Article 24(1) is subsequently divided into two or more parts so that two or more persons become the responsible persons and the security is the property of one only of those persons, the Department shall only be required under paragraph (1)( b) to release the security to the extent of the amount apportioned under Article 24(12) to that person and shall be entitled to realise the security for the purpose of producing the amount or amounts to be paid to the other person or persons under paragraph (1)( c).
Where a security is realised under paragraph (1)( c), and the sum produced by realising the security exceeds the amount paid under that paragraph, the amount of the excess shall be held by the Department and dealt with under this Part as if it had been an amount paid under Article 24(1) on the date on which the security was realised.
Notes on the whole Order
Textual amendments
- F1
functions transf. by SR 1999/481