Clause 36

in the section heading, replace “in relation to which charge under section 21(1) or 21A(1) exists” with “with charge under section 21(1), 21A(1) or 21C(1)”;

in subsection (1), after paragraph (a), insert —“(aa)any of the following charges exists or has been constituted:

a charge under section 21(1) or 21A(1) on the immovable property to secure the repayment to the Board of the money withdrawn from the Fund (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made);

a charge constituted under section 21C(1) on a replacement property to secure the repayment to the Board of that money and interest, where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in sub‑paragraph (i) or a charge under section 21C(1) for the repayment to the Board of that money and interest;”;

in subsections (1)(b) and (c) and (2)(b) and (c), after “immovable property”, insert “or replacement property (as the case may be)”;

in subsection (1), after “then, subject to”, insert “subsection (1A) and”;

in subsection (1)(i), replace “(9)” with “(9A)”;

after subsection (1), insert —“(1A) In the case of a charge mentioned in subsection (1)(aa)(ii) on a replacement property, subsection (1) applies with the following modifications:

any reference to immovable property in subsection (1)(f), (g), (h) and (j) is to be read as a reference to the replacement property;

in addition to subsection (1)(i), any reference to immovable property in section 21(1A), (2), (4) and (9) to (10A) or 21A(1A) to (3), (8) and (9A) (as the case may be) is to be read as a reference to the replacement property.”;

in subsection (2), after paragraph (a), insert —“(aa)any of the following charges exists or has been constituted:

a charge under section 21(1) or 21A(1) on the immovable property to secure the repayment to the Board of the money withdrawn from the Fund (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made);

a charge constituted under section 21C(1) on a replacement property to secure the repayment to the Board of that money and interest, where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in sub‑paragraph (i) or a charge under section 21C(1) for the repayment to the Board of that money and interest;”;

in subsection (2)(d), replace “under section 21(1) or 21A(1) on any estate or interest in the immovable property” with “mentioned in paragraph (aa)”; and

in subsection (2)(d) and (e), replace “an interest in the immovable property” with “an interest in the immovable property or replacement property (as the case may be)”.