Part II Discharge in Pursuance of Acquisition Orders

Part II Discharge in Pursuance of Acquisition Orders

Construction

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In this Part of this Schedule—

“the consideration payable†means the consideration payable for the acquisition of the landlord's interest referred to in section 32(1); and

“the nominated person†means the person or persons nominated for the purposes of Part III by the persons who applied for the acquisition order in question.

Duty of nominated person to redeem mortgages

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(1)     Where in accordance with section 32(1) an instrument will operate to discharge any premises from a charge to secure the payment of money, it shall be the duty of the nominated person to apply the consideration payable, in the first instance, in or towards the redemption of any such charge (and, if there are more than one, then according to their priorities).

(2)     Where sub-paragraph (1) applies to any charge or charges, then if (and only if) the consideration payable is applied by the nominated person in accordance with that sub-paragraph or paid into court by him in accordance with paragraph 9, the instrument in question shall operate as mentioned in sub-paragraph (1) notwithstanding that the consideration payable is insufficient to enable the charge

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