Housing (Gaeltacht) Act, 1929

Charging orders in relation to loans.

9.—(1) Whenever the Commissioners make a loan under this Act they shall, before actually advancing any portion of such loan, make an order (in this section referred to as a charging order) in accordance with regulations made by the Minister for Finance under this Act charging the amount of such loan and the interest thereon on the dwelling-house in relation to which the loan is intended to be made and on all premises held therewith by the same tenure or under the same tenancy, and every such order shall operate to charge the said loan as and when the same is actually advanced and the said interest on the said dwelling-house and other premises in favour of the Commissioners in priority to all other charges and incumbrances whether statutory or otherwise except rent or other incident of tenure and sums payable under the Land Purchase Acts or otherwise to the Irish Land Commission.

(2) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911, and the Commissioners shall be the mortgagees for the purposes of those Acts and shall accordingly have, in relation to every charging order, all the powers conferred by those Acts on mortgagees under mortgages made by deed.

(3) Whenever the Commissioners make a charging order they shall forthwith cause such order to be registered in the Registry of Deeds or the Land Registry (as the case may require) and no fee or other charge shall be payable for or in respect of such registration.

(4) A charging order affecting land registered in the Land Registry shall be registerable in that Registry as a burden affecting such land whether the person named in such order as the owner or the occupier of such land or as the recipient of the loan to which such order relates is or is not registered in the said Registry as the owner of such land.

(5) When land or a tenancy in land is put up for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and such land or tenancy is subject to a charging order such land or tenancy shall be sold subject to the charge created by such charging order in addition to any other charge, incumbrance, or liability subject to which such land or tenancy is required by law to be sold.