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The Rates (Deferment) Regulations (Northern Ireland) 2010

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Rates (Deferment) Regulations (Northern Ireland) 2010 (revoked) No. 63

This section has no associated Explanatory Memorandum

12.—(1) Without prejudice to condition 13 and to the rights, privileges, obligations and liabilities acquired, accrued or incurred under the agreement, the Department shall be entitled to terminate an agreement with immediate effect by notice in writing served on the agreement holder where—

(a)the whole of the amount outstanding under the agreement has been repaid;

(b)an agreement holder dies and there is no other agreement holder whose only or principal residence is in—

(i)the hereditament; or

(ii)a hospital, nursing home or residential care home;

(c)the hereditament or any interest in the hereditament is, in whole or part, sold or transferred by way of gift;

(d)an agreement holder becomes bankrupt, makes a composition or arrangement with his creditors or becomes subject to a bankruptcy restrictions order;

(e)an agreement holder or any other person has made a statement in connection with the agreement which is false or misleading in a material particular;

(f)an agreement holder is in default of any obligation under the agreement and—

(i)has not rectified the default to the satisfaction of the Department within 28 days (or such other period as may be specified by the Department) of being served by the Department with a notice in writing specifying the default and requiring it to be remedied; or

(ii)the default is not capable of remedy;

(g)the hereditament ceases to be a qualifying hereditament;

(h)an agreement holder ceases to occupy the hereditament as his only or principal residence.

(2) A person is not an agreement holder for the purposes of paragraph (1)(b) by virtue of being a personal representative of an agreement holder.

(3) Paragraph (1)(h) shall not apply in the case of an agreement holder whose only or principal residence is in a hospital, nursing home or residential care home.

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