SCHEDULES

SCHEDULE 20 Assistance by Way of Repurchase

Part III Supplementary Provisions

Power to make payment into court in case of difficulty

15

1

Where a person is or may be entitled by virtue of paragraph 13 to receive, in respect of a relevant charge, the whole or part of the purchase price and—

a

for any reason difficulty arises in ascertaining how much is payable in respect of the charge, or

b

for any reason mentioned in sub-paragraph (2) difficulty arises in making a payment in respect of the charge,

the authority may pay into court on account of the purchase price the amount, if known, of the payment to be made in respect of the charge or, if the amount is not known, the whole of the purchase price, or such lesser amount as the authority think right in order to provide for that payment.

2

The reasons referred to in sub-paragraph (1)(b) are—

a

that a person who is or may be entitled to receive payment cannot be found or ascertained;

b

that any such person refuses or fails to make out a title, or to accept payment and give a proper discharge, or to take any step reasonably required of him to enable the sum payable to be ascertained and paid; or

c

that a tender of the sum payable cannot, by reason of complications in the entitlement to payment or the want of two or more trustees or for other reasons, be effected, or not without incurring or involving unreasonable cost or delay.