SCHEDULE 9 Recovery of Expenses by Charging Order

SCHEDULE 9 Recovery of Expenses by Charging Order

Sections 109(5), 131(2), 164(4)

1

Where under sections 108(3), 131(2) and 164(4) [section 131(2)] a local authority have themselves incurred expenses in relation to a house or building, they may make in favour of themselves an order (in this Schedule referred to as a “charging orderâ€) providing and declaring that the house or building is thereby charged and burdened with an annuity to pay the amount of the expenses.

2

The annuity charged shall be such sum not exceeding such sum as may be prescribed, as the local authority may determine for every £100 of the said amount and so in proportion for any less sum. . ..

[2A

The local authority must—

(a)     determine—

(i)     the term of the charging order, being no fewer than 5 years and no more than 30 years, and

(ii)     the date in each year

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