Land Powers (Defence) Act 1958

[F1 17 Registration of wayleave orders and restrictions under s. 16. U.K.

(1) The rights conferred by a wayleave order shall not be exercisable against a purchaser for money or money’s worth of a legal estate in any of the land to which the order applies unless, before the completion of the purchase, either—

(a) the order; or

(b) the draft order referred to in the notice served in pursuance of paragraph 2 of the Second Schedule to this Act of the proposal to make the order,

has been registered in the prescribed manner in the register of local land charges of the council of the county borough, metropolitan borough or county district in which the land which is the subject of the purchase is situated; and such a draft order as aforesaid may be so registered at any time after such a notice as aforesaid referring to it has been served:

Provided that the registration of a draft order shall not be effective for the purposes of this subsection in relation to any land to which the draft order did not apply.]

[F1 (1) A wayleave order shall be local land charge.

(1A) Notwithstanding subsection (1) of this section and subject to subsection (1B) of this section, where, before the commencement of the Local Land Charges Act 1975, a draft wayleave order was registered in the appropriate local land charges register there shall be no duty to register, or to apply for the registration of, any wayleave order made pursuant to the draft order, and section 10 of the said Act shall not apply in relation to any such wayleave order.

(1B) Subsection (1A) of this section shall not apply to any wayleave order so far as the order applies to land not affected by the draft wayleave order or, where the registration of the draft order was, before the commencement of the said Act of 1975, varied in consequence of the order as made differing from the draft, so far as it applies to land not shown as affected in the registered particulars of the draft order as varied.]

(2) Except in the case of land to which a wayleave order applies, subsection (1) of the last foregoing section shall not take effect—

(a) as respects any land until notice of the restrictions imposed on that land by that subsection is registered [F2 in the prescribed manner in the register of local land charges of the council of the county borough, metropolitan borough or county district in which that land is situated][F2 in the appropriate local land charges register];

(b) in relation to any person who is an owner, lessee or occupier of that land at the time when the application for registration is made unless either—

(i) notice of the application or of the registration has been served on him; or

(ii) the said restrictions arise from a wayleave order of which a copy was served on him under paragraph 7 of the Second Schedule to this Act.

[F3 (2A) Where an application is made for the registration of a notice in the appropriate local land charges register in pursuance of subsection (2) of this section, the authority keeping that register shall register the notice accordingly.]

[F4 (3) The power conferred by subsection (6) of section fifteen of the M1 Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the foregoing provisions of this section; and in the said foregoing provisions the expression “prescribed” means prescribed by rules made in the exercise of that power.]

[F4 (3) A notice registered in a local land charges register in pursuance of subsection (2) of this section shall be a local land charge, but—

(a) section 5(2) and section 10 of the Local Land Charges Act 1975 shall not apply in relation thereto; and

(b) a certificate setting out the result of an official search of the appropriate local land charges register shall, as respects any land, be conclusive of the question whether, at the time of the issue of the certificate, a notice registrable in pursuance of subsection (2) of this section was registered in the register.]

(4) Any rules made under [F5 the said subsection (6)][F5 section 14 of the Local Land Charges Act 1975]for the purposes of this section shall include provision—

[F6 (a) for cancelling the registration under this section of a draft wayleave order in a case where it is decided not to make any order;

(b) for varying the registration of a draft wayleave order in a case where the order as made differs from that draft:]

(c) for varying or cancelling any registration [F7 under this section]in a case where—

(i) the wayleave order to which it relates is varied or revoked; or

(ii) any restriction imposed by subsection (1) of the last foregoing section is modified or ceases to have effect.

(5) The foregoing provisions of this section shall not apply to Scotland, but as respects land in Scotland—

(a) the Minister by whom a wayleave order is made shall as soon as may be record in the appropriate register of sasines the wayleave order and any order varying or revoking that order; and the rights conferred by any such order shall not be exercisable against any person acquiring any interest in any land to which the order applies unless the order has been so recorded before the completion of the acquisition;

(b) except in the case of land to which a wayleave order applies, the Minister with whose consent restrictions imposed on any land by subsection (1) of the last foregoing section may be disregarded shall record as aforesaid notice of those restrictions and of any modification or cesser thereof, and the said subsection (1) shall not take effect as respects that land until the said notice has been so recorded and shall not take effect in relation to any person who is an owner, lessee or occupier of that land at the time when the notice is so recorded unless either—

(i) such a notice has also been served on him; or

(ii) the restrictions arise from a wayleave order of which a copy has been served on him under paragraph 7 of the Second Schedule to this Act.

(6) The foregoing provisions of this section shall not apply to Northern Ireland, but as respects land in Northern Ireland—

(a) a wayleave order and restrictions imposed by subsection (1) of the last foregoing section shall be included amongst the matters which are required to be registered in the Statutory Charges Register; and accordingly the following paragraph shall be added after paragraph (m) of subsection (1) of section two of the Statutory Charges Register Act (Northern Ireland), 1951, that is to say—

“(n) a wayleave order made under section fourteen of the Lands Powers (Defence) Act, 1958, and restrictions imposed by subsection (1) of section sixteen of that Act”;

(b) except in the case of land to which a wayleave order applies, subsection (1) of the last foregoing section shall not take effect as respects any land until the restrictions imposed on that land by that subsection have been registered as aforesaid and shall not take effect in relation to any person who is an owner, lessee or occupier of that land at the time when the application for that registration is made unless either—

(i) there has been served on him notice either of the application or of the registration or of the giving of a priority notice in connection therewith under section four of the said Act of 1951; or

(ii) the said restrictions arise from a wayleave order of which a copy was served on him under paragraph 7 of the Second Schedule to this Act.

Textual Amendments

F1 S. 17(1)(1A)(1B) substituted (with savings) (E.W.), for s.17(1) by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19(2)–(4), Sch. 1

F2 Words “in the appropriate local land charges register” substituted with savings (E.W.) for words commencing “in the prescribed manner” by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19(2)–(4), Sch. 1

F3 S. 17(2A) inserted (with savings) (E.W.), by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19(2)–(4), Sch. 1

F4 S. 17(3) commencing “A notice registered” substituted (with savings) (E.W.) for s. 17(3) commencing “The power conferred” by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19(2)–(4), Sch. 1

F5 Words “section 14 of the Local Land Charges Act 1975” substituted (with savings) (E.W.) for words “the said subsection (6)” by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19(2)–(4), Sch. 1

F6 S. 17(4)(a)(b) repealed (with savings) (E.W.), by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19, Sch. 1, Sch. 2

F7 Words repealed (with saving) (E.W.), by Local Land Charges Act 1975 (c. 76, SIF 98:2), ss. 17(2), 19, Sch. 1, Sch. 2

Modifications etc. (not altering text)

C1 Ss. 15–17 amended by S.I. 1989/150, art. 2(3)(4)

Marginal Citations

M1 1925 c. 22.