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Charges on Property

Philip Laidlow explores several aspects of Section 22 of HASSASSA 1983

1 May 1997

Philip Laidlow explores several aspects of Section 22 of HASSASSA 1983

Section 22 does not offer a remedy or anti-avoidance provision as such to the Local authority (LA). It is available by way of practical back up to other recovery provisions. It occasionally, through its ability to offer security yet deferral, also smooths the rough edges of the some of the remedies.

TOLAATA 1996 has obviously had an impact on section 22 by the removal of sub-section 3. Below is how section 22 seems now to read.

"22 Arrears of contributions charged on interest in land in England and Wales

(1) Subject to subsection (2) below, where a person who avails himself of Part III accommodation provided by a local authority in England, Wales or Scotland -

(a) fails to pay any sum assessed as due to be paid by him for the accommodation;

and

(b) has a beneficial interest in land in England or Wales, the local authority ...

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