Section 10A Recovery of grants under section 10.F1
Scotland
The section applies to any grant under section 10 above made on terms that it shall be recoverable under this section; but any such grant shall only be regarded for the purposes of this section as so made if before or on making the grant the Secretary of State . . . F2gives to the grantee notice in writing—
summarising the effect of this section; and
specifying the period during which the grant is to be recoverable in accordance with subsection (5) below in the case of a grant made for the purpose mentioned in subsection (4) below.
The period specified under subsection (1)(b) above in the case of any grant shall be a period beginning with the day on which the grant is made and ending not more than ten years after that day.
If any condition subject to which a grant to which this section applies was made is contravened or not complied with, the Secretary of State . . . may recover the amount of the grant or such part of it as he thinks . . . fit from the grantee.
The following provisions of this section have effect where a grant to which this section applies is made to any person for the purpose of defraying in whole or in part any expenditure in relation to any particular property; and references in those provisions to the relevant interest are references to the interest held by the grantee in that property on the day on which the grant is made.
If, during the period specified for the purpose of this subsection under subsection (1)(b) above, the grantee disposes of the relevant interest or any part of it by way of sale or exchange or lease for a term of not less than twenty-one years, the Secretary of State . . . may recover the amount of the grant or such part of it as he thinks . . . fit from the grantee.
If a person becomes entitled by way of gift from the grantee, whether directly or indirectly (but otherwise than by will) to a part of the relevant interest, a disposal by the donee in any manner mentioned in subsection (5) above of the interest so acquired by him in the property, or any part of that interest, shall be treated for the purposes of that subsection as a disposal by the grantee of a part of the relevant interest.
If a person becomes entitled by way of any such gift to the whole of the relevant interest subsection (5) above shall have effect as if the donee were the grantee.
Nothing in subsection (3) or (5) above shall be taken as conferring on the Secretary of State . . . a right to recover (by virtue of a breach of more than one condition or disposals of several parts of an interest in property) amounts in the aggregate exceeding the amount of the grant.
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Annotations
Textual amendments
- F1
S. 10A inserted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 48(1)
- F2
Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 23(1)(2) and repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III
- F3
S. 10A(9) inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 23(1)(4) and repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III
Notes on the whole Act
Textual amendments
- F1
Act repealed (E.W) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and (S.) (27.5.1997) by 1997 c. 11. ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)