47EEnforcement of the charge

47E Enforcement of the charge

S. 47E(1) amended by No. 48/1995 s. 10(zj)(i).

(1) For the purpose of enforcing a charge to which section 47A(2) applies, VLA may sell the land charged.

S. 47E(2) amended by No. 48/1995 s. 10(zj)(i).

(2) If VLA intends to enforce the charge by selling the land it must serve notice of its intention to sell the land on the assisted person.

(3) The notice—

(a) must be in writing; and

(b) must be served not less than 1 month before the intended sale; and

(c) must state—

(i) the amount owing at the date of the notice; and

(ii) that the sale will not proceed if payment is made within 1 month of the service of the notice; and

(iii) the address at which payment may be made.

S. 47E(3A) inserted by No. 85/1998 s. 24(Sch. item 38.5).

(3A) If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold.

S. 47E(4) amended by No. 85/1998 s. 24(Sch. item 38.6).

(4) Section 77 of the Transfer of Land Act 1958 applies to the sale as if—

(a) the charge were a registered mortgage; and

S. 47E(4)(b) amended by No. 48/1995 s. 10(zj)(i).

(b) VLA were a mortgagee under such a mortgage; and

(c) the registered proprietor of the land were a mortgagor under such a mortgage; and

(d) the requirement relating to the giving of notice were deleted; and

S. 47E(4)(e) amended by No. 48/1995 s. 10(zj)(ii).

(e) after subsection (3)(a) there were inserted—

"(aa) Secondly, in the case of a charge under section 47A of the Legal Aid Act 1978, in paying the money owing in respect of mortgages or charges ranking higher in priority than the charge, in order of their respective priorities";

(f) in subsection (3), references to 'secondly', 'thirdly' and 'fourthly' were references to 'thirdly', 'fourthly' and 'fifthly' respectively.

S. 47E(5) amended by No. 48/1995 s. 10(zj)(i), repealed by No. 85/1998 s. 24(Sch. item 38.7).

S. 47E(6) amended by No. 48/1995 s. 10(zj)(iii)., repealed by No. 85/1998 s. 24(Sch. item 38.7)

(7) For the purpose of enforcing a charge or registering an instrument connected with an enforcement of a charge—

(a) the Registrar of Titles may cancel the folio of the Register for the land charged and create a new folio;

S. 47E(7)(b) amended by No. 48/1995 s. 10(zj)(i).