Labourers Act, 1965
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Cottage or plot, may be charged, mortgaged, subdivided or alienated. |
2.—(1) Notwithstanding sections 17 and 21 of the Act of 1936, and subject to the provisions of this section, any cottage, plot or part of a plot held with a cottage may be and shall be deemed always to have been capable, during the payment period in respect of the cottage, of being charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, with the consent of the relevant council of a county. | |
(2) Without prejudice to any other power in that behalf, the council of a county may withhold their consent to the alienation of a cottage if they are of opinion that— | ||
(a) the person to whom it is intended to alienate the cottage is a person who is not in need of housing, or | ||
(b) the alienation would, if effected, cause or be likely to cause the person intending to make the alienation or any of his dependants to be a person without adequate or suitable housing. | ||
(3) Where a cottage which is subject to and charged with the future payment of an annuity is intended to be sold or transferred the council of a county may, before consenting to the sale or transfer, require the annuity to be redeemed under section 3 of this Act. | ||
(4) Where a plot or part of a plot held with a cottage which is subject to and charged with the future payment of an annuity is charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, after the passing of this Act, the council of a county shall apportion the annuity in such manner as they consider appropriate, and in the case of a sale or a transfer the council shall require to be redeemed under section 3 of this Act the part of the annuity apportioned by them in respect of the plot or the part of a plot. | ||
(5) The council of a county may, before giving their consent to the alienation or subdivision of any cottage or the plot or any part of the plot held with the cottage, require the payment to them of an amount approved by the Minister for the purposes of this section. |