11 Incidence of coast protection charges, etc.E+W+S
(1)Any amount paid by a mortgagee in respect of a coast protection charge or in respect of expenses incurred in carrying out work under a works scheme shall be treated as if it were secured by the mortgage, with the like priority and with interest at the same rate as the mortgage money:
Provided that, without prejudice to the recovery of interest, the said amount shall not be recoverable from the mortgagor personally.
(2)The following provisions shall have effect as to the raising of money in particular cases for the payment of coast protection charges and of expenses incurred in carrying out work under a works scheme, that is to say—
(a)the purposes authorised for the application of capital money by section seventy-three of the M1Settled Land Act 1925, [F1by that section as applied by section twenty-eight of the Law of Property Act 1925, in relation to trusts for sale,]and by section twenty-six of the M2Universities and College Estates Act 1925, and the purposes authorised by section seventy-one of the M3Settled Land Act 1925, [F1by that section as applied as aforesaid,] and by section [F2thirty] of the M4Universities and College Estates Act 1925, as purposes for which moneys may be raised by mortgage, shall include the payment of any such charge or expenses;
(b)any such charge or expenses which are payable by the Commissioners of Crown Lands in respect of lands under their management may, with the approval of the Treasury, be charged as a principal sum to the account of the capital of the land revenues of the Crown, but the Treasury may direct that any sum so charged shall be repaid out of the income of those revenues within such time and by such instalments as may be specified in the directions;
(c)M5the purposes authorised by section twenty-five of the Act of the fifty-seventh year of King George the Third, chapter ninety-seven, for the application of moneys arising by any such sale of annuities standing in the name or to the account of the Duchy of Lancaster as is therein mentioned shall include the payment of any such charge or expenses in respect of land belonging to the said Duchy; and
(d)the purposes authorised by section eight of the M6Duchy of Cornwall Management Act 1863 M7, as amended by section one of the Act of the thirty-first and thirty-second years of Queen Victoria, chapter thirty-five, for the advancement of parts of such gross sums as are therein mentioned shall include the payment of any such charge or expenses in respect of land forming part of the possessions of the said Duchy.
(3)In the application of this section to Scotland, the last foregoing subsection shall have effect as if for paragraph (a) there were substituted the following paragraph—
“(a)for the purpose of paying any such charge or expenses, a trustee, a liferenter or an heir of entail in possession shall have power to expend capital money and to sell, or to borrow money on the security of, the estate or any part thereof, heritable as well as moveable;”
and as if paragraphs (c) and (d) were omitted.
Textual Amendments
F1Words in s. 11(2)(a) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4; S.I. 1996/2974, art.2
F2Word substituted by Universities and College Estates Act 1964 (c. 51), Sch. 3 Pt. II
Marginal Citations