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Mortgagees. 4.(1) Subject to subsections (2) to (5), a person may serve a blight notice on the appropriate authority under and in accordance with this Part where he claims that (a)he is entitled as mortgagee, by virtue of a power which has become exercisable, to sell an interest in a hereditament [or agricultural unit] comprised in land of any of the specified descriptions, giving immediate vacant possession of the land; (b)he has complied with the requirements specified in section 3(1)(b) and (c) in relation to that interest. (2) Section 3(2) applies to the interest of a mortgagee as it applies to an interest which qualifies for protection under section 2. (3) A mortgagee shall not serve a blight notice unless one or other of the following conditions is satisfied with regard to the interest which the mortgagee claims he has the power to sell, namely: (a)the interest could be the subject of a blight notice under section 3 served by the person entitled thereto on the date of service of a notice under this section; or (b)the interest could have been the subject of such a notice by that person on a date not more than six months before the date of service of a notice under this section. (4) No blight notice under this section shall be served in respect of a hereditament [or agricultural unit, or any part of a hereditament or agricultural unit,] at a time when a notice already served under section 3 is outstanding in respect of that hereditament [, unit or part]; and no notice shall be so served under section 3 when a notice under this section is so outstanding. (5) For the purposes of subsection (4), a blight notice shall be treated as outstanding until (a)it is withdrawn; or (b)an objection to the notice having been made by a counter-notice under section 5 either (i)the period of two months specified in section 6 elapses without the claimant having required the objection to be referred to the Lands Tribunal; or (ii)the objection, having been referred to the Lands Tribunal, is upheld by the Tribunal.
© 1971 Crown Copyright
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