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WATER (GOVERNANCE) ACT 2006 (NO 85 OF 2006) - SECT 146

Schedule 15, mortgages

    (1)     In clause 25(1) of Schedule 15 to the Water Act 1989

        (a)     after "in the form" insert "and manner";

        (b)     for "and propose that clause 26 should apply to the mortgage" substitute "and advise the owner that clause 26 will apply to the mortgage".

    (2)     After clause 25(1) of Schedule 15 to the Water Act 1989 insert

    "(1A)     A notice under sub-clause (1) must be given by the Authority before the appointed day for the water system, when it is practicable to do so.".

    (3)     Before clause 26(1) of Schedule 15 to the Water Act 1989 insert

    "(1AA)     On and from the appointed day for a water system, the following sub-clauses apply to each mortgage over the whole or a part of any parcel of land where, the owner of the whole or the part of the parcel, by virtue of that ownership, is deemed by the operation of Part 2, to be the owner of a water share in respect of the water system.".

    (4)     In clause 26(1) of Schedule 15 to the Water Act 1989

        (a)     for "If an Authority has given a notice under clause 25 to a land owner before the appointed day for a water system, on and from the appointed day for the water system, the mortgage" substitute "The mortgage";

        (b)     after "to secure the debt secured by the mortgage, immediately before the appointed day," insert "and amounts that may be advanced under the mortgage on or after that day,".



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