Part 6Charge on land

Part 6—Charge on land 33—Charge on land (1) The Chief Recovery Officer may, at any time, apply to the Registrar‑General in the form determined by the Registrar‑General to register a charge over the interest of a debtor in land owned (whether solely or as a co‑owner) by the debtor for the amount of the pecuniary sum outstanding from time to time. (2) The Chief Recovery Officer may, if an enforcement determination has been made under section 22 in relation to an expiation notice (and has not been revoked), apply to the Registrar‑General in the form determined by the Registrar‑General to register a charge over the interest of the alleged offender in land owned (whether solely or as a co‑owner) by the alleged offender for the amount due from time to time. (3) Any number of pecuniary sums or amounts due under expiation notices may be aggregated for the purposes of exercising powers under this section. (4) On receipt of an application under subsection (1) or (2), the Registrar‑General must enter an appropriate note in the Register Book or the Register of Crown Leases and, when that entry is made, a charge is created over the interest of the debtor or alleged offender in the land in favour of the Crown. (5) The effect of the charge is as follows: (a) the Registrar‑General must not, after entry of the note under subsection (4), register an instrument affecting the interest of the debtor or alleged offender in the land over which the charge exists unless— (i) the instrument— (A) was executed before the entry was made; or (B) has been executed under or pursuant to an agreement entered into before the entry was made; or (C) relates to an instrument registered before the entry was made; or (ii) the instrument is an instrument of a prescribed class; or (iii) the instrument is expressed to be subject to the operation of the charge; or (iv) the instrument is a duly stamped conveyance or transfer that results from the exercise of a power of sale under a mortgage, charge or encumbrance registered before the entry was made; (b) the Chief Recovery Officer (on behalf of the Crown) has the same powers in respect of the interest of the debtor or alleged offender in the land over which the charge exists as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage (and sections 132 to 135 (inclusive) and 136 of that Act apply accordingly as if the Officer were the mortgagee and the debtor or alleged offender were the mortgagor). (6) An instrument registered under subsection (5)(a)(i) or (ii) has effect, in relation to the charge, as if it had been registered before the entry was made. (7) If an instrument registered under subsection (5)(a) has the effect of conveying or transferring the interest of the debtor or alleged offender in the land to another person, the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must take whatever action the Registrar-General considers appropriate to give effect to the cancellation. (8) The Chief Recovery Officer will apply to the Registrar‑General, in the form determined by the Registrar‑General, to have the registration of a charge under this section cancelled— (a) on the pecuniary sum or amount due under the expiation notice being fully satisfied; or (b) if the Chief Recovery Officer considers, in the circumstances of the particular case, that it is just to do so, (and the Registrar‑General must then cancel the relevant entry). (9) Any fees incurred in relation to registration (or cancellation of registration) under this section are added to and form part of the pecuniary sum or amount due. (10) A person must, in accordance with the written request of the Chief Recovery Officer, produce to the Officer documents or other material in the possession of the person relating to the title of a debtor or alleged offender to real property owned by the debtor or alleged offender.