Town and Country Planning Act · 2022 Revised Edition · Part · Recovery of Moneys
44. Proceedings for recovery of money due
Official textFrom Attorney General's Chambers, unchanged
Unless otherwise expressly provided in this Act, the Planning
Authority has and may exercise the following additional powers for the purpose of recovering any money due under this Act —
the Planning Authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay any sum due, and may, after service of the prescribed notice, sell the same by public auction or in such manner as may be prescribed; and
the Planning Authority may, by notice of sale to be served or published in the prescribed manner, declare his intention of selling, at the expiration of 3 months from the date of the notice of sale, any land belonging to the person from whom any sum is due and, if at the expiration of that period, that sum has not been paid or satisfied, the
Planning Authority may sell, by public auction or otherwise, the whole of that land or such portion thereof or such interest therein as he considers sufficient for the recovery of that sum and costs.
Notwithstanding subsection (1), the Planning Authority shall not proceed under subsection (1)(b) and sell the land of any person from whom any sum is due, or any portion thereof or interest therein, where there is upon the land and liable to be seized and sold under subsection (1)(a) movable property or crops belonging to the person of a value estimated by the
Planning Authority
“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
Planning Authority to be sufficient to realise the sum required to satisfy the money due and costs.
Any tenant, sub-tenant or occupier who, in order to avoid the seizure or sale of the land for non-payment of any sum due from the owner of
occupier
“occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on his own account or as an agent of another person, but does not include a lodger;
Town and Country Planning the land, pays that sum and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to his immediate landlord on account of the land or such part thereof as is held or occupied by him, and may retain possession thereof until that amount has been fully reimbursed to him whether by deduction from the rent or otherwise.
land
“land” includes buildings, land covered by water and any estate or interest in or right over land;
Any tenant or sub-tenant who has reimbursed, whether by allowing a deduction from his rent or otherwise, any sub-tenant or occupier holding or occupying under him the amount so paid by the sub-tenant or occupier has a similar right to retain possession until similarly reimbursed.
The receipt of the Planning Authority or of any duly authorised officer for any amount so paid by any such tenant, sub-tenant or occupier is deemed to be an acquittance in full for the like amount of the rent.
If any land belonging to a person from whom any sum is due, or any movable property or crops that are mentioned in subsection (1)(a) or the proceeds of sale of that movable property or crops, is or are already in the custody of the law under any process of execution whereby the Planning
Authority is unable to exercise the powers vested in him by this section, the
Planning Authority may notify the sheriff or the bailiff of the court concerned of the amount due, and he shall be entitled, without obtaining judgment, to be paid that amount out of the proceeds of sale of the land, movable property or crops in priority to the judgment debtor and to the judgment creditor and to any other creditor, except the Government.
A certificate from the Planning Authority shall be conclusive evidence of the amount of any sum that may be due.
Terms defined in s 2
land
Defined · s 2“land” includes buildings, land covered by water and any estate or interest in or right over land;
occupier
Defined · s 2“occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on his own account or as an agent of another person, but does not include a lodger;
owner
Defined · s 2“owner”, in relation to land or premises, means — (a) the owner as shown in the Register kept under section 7 of the Land Code or his legally appointed representative; (b) the person for the time being receiving the rent of the land or premises whether on his own account or as trustee for any other person or as receiver (not being appointed by or on behalf of a mortgagee) or the person who would receive the rent if the land or premises were let to a tenant and includes — (i) a mortgagee in possession; and (ii) the purchaser of a newly constructed premises or part thereof in respect of which a temporary occupation permit or a certificate of statutory completion has been granted;
Planning Authority
Defined · s 2“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
Part