Town and Country Planning Act 1954

66 Provisions as to mortgages, settlements, ecclesiastical property, etc.

(1) Regulations made under this section may make provision as to the exercise of the right to apply for a payment under Part I of this Act, or to claim compensation under Part II or Part V thereof, and as to the person to whom any such payment or compensation or any part thereof is to be paid and as to the application of any such payment or compensation or any part thereof, in cases where, apart from this section, the right to apply for the payment, or to claim the compensation, as the case may be, is exercisable by reference to—

(a) a claim holding which is subject to a mortgage, or which was so subject at a time specified in the regulations ; or

(b) an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or which was so subject at a time specified in the regulations;

and any such regulations may, in a case where any payment or compensation, or any part thereof, is by virtue of those regulations to be paid to the owner of a rentcharge, apply all or any of the provisions of section twenty-five of the War Damage Act, 1943 (which relates to the rights of owners of rentcharges as to payments for war damage), subject to such adaptations and modifications as may be prescribed by the regulations, and may provide for disputes arising under the regulations, so far as they relate to rentcharges, to be referred to the Lands Tribunal for determination by that Tribunal.

(2) The purposes authorised for the application of capital moneys—

(a) by section seventy-three of the Settled Land Act, 1925, and by that section as applied by section twenty-eight of the Law of Property Act, 1925, in relation to trusts for sale; and

(b) by section twenty-six of the Universities and College Estates Act, 1925,

and the purposes authorised by section seventy-one of the Settled Land Act, 1925, by that section as applied as aforesaid, and by section thirty-one of the Universities and College Estates Act, 1925, as purposes for which moneys may be raised by mortgage, shall include the payment of any sum recoverable under section twenty-nine, forty-one, forty-six or fifty-seven of this Act.

(3) Any sum payable under this Act in relation to land which is, or on the first day of July, nineteen hundred and forty-eight, was, ecclesiastical property, being a sum which apart from this subsection would be payable to an incumbent, shall be paid to the Church Commissioners to be applied for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising, or disposing of the proceeds of, such a sale; and where any sum is recoverable under section twenty-nine, forty-one, forty-six or fifty-seven of this Act in respect of such land, the Church Commissioners may apply any money or securities held by them in the payment of that sum.