Regulation 8

a member sells, transfers, assigns or otherwise disposes of an immovable property (or any of the member’s estate or interest in the immovable property) to any person in respect of which there subsists —

a charge created or constituted under section 15AB(1), (2), (10), (11) or (13) of the Act or a former provision or any section 21C(1) charge A; or (ii)an undertaking given under section 15AB(3) or (4) of the Act or a former provision or any section 21C(2) undertaking A or section 21D(1) undertaking A; and

upon the sale, transfer, assignment or disposal, the amount secured by the charge or undertaking (or such part of that amount as the Board may determine) is paid to the Board,the Board must pay that amount into the member’s ordinary account.

a member sells, transfers, assigns or otherwise disposes of an immovable property (or any of the member’s estate or interest in the immovable property) to any person in respect of which there subsists —

a charge created or constituted under section 27C(1)(i), 27D(1)(j)(ii), 27DA(1)(i) or 27DB(2)(e) of the Act or any section 21C(1) charge C; or

an undertaking given under section 27D(1)(j)(i) of the Act or any section 21C(2) undertaking B or section 21D(1) undertaking B; and

upon the sale, transfer, assignment or disposal, the amount secured by the charge or undertaking (or such part of that amount as the Board may determine) is paid to the Fund,the Board must pay that amount into the member’s special account.

the Board is notified of the member’s death;

the member is entitled to withdraw the amount standing to the member’s credit in the Fund under section 15(2)(b) of the Act or a former provision, or section 15AA(1) of the Act because the member is suffering from a terminal illness or disease or a former provision, and the Board has given its authority under section 15(1) of the Act for such withdrawal;

the member complies with section 15(6)(a) or 15AA(5)(a) of the Act or a former provision;

the member is exempt from complying with section 15(6)(a) of the Act by reason of section 15AA(3)(b) of the Act or a former provision;

there is a relevant transaction in respect of the immovable property and an undertaking is deemed under section 21C(2) of the Act as a result;

the member applies, in such manner as the Board may require, for the undertaking not to be enforced.

the death of the member;

the member is entitled to withdraw the amount standing to the member’s credit in the Fund under section 15(2)(b) of the Act or a former provision, or section 15AA(1) of the Act because the member is suffering from a terminal illness or disease or a former provision, and the Board has given its authority under section 15(1) of the Act for such withdrawal;

the member complies with section 15(6)(a) or 15AA(5)(a) of the Act or a former provision;

the member is exempt from complying with section 15(6)(a) of the Act by reason of section 15AA(3)(b) of the Act or a former provision;

where the charge mentioned in section 15(11F) of the Act as in force before 1 March 2022 is constituted on or after 1 January 2016, but before 1 January 2017, to secure the payment of an amount to the Board, the member has, at the time when that charge is constituted, a relevant property charge which secures an amount not less than the amount secured by the charge constituted under section 15(11D) or (11E) of the Act as in force before 1 March 2022, as the case may be;

the member applies, in such manner as the Board may require, for the charge to be cancelled;

there is a relevant transaction in respect of the immovable property and a continued charge is constituted under section 21C(1)(d) of the Act as a result.

any reference to the member is to be read as a reference to the spouse;

sub‑paragraphs (e) and (f) of paragraph (5) are replaced by the following sub‑paragraph:“(e)where the charge under section 27C(1)(i), 27D(1)(j)(ii), 27DA(1)(i) or 27DB(2)(e) of the Act is constituted, or there subsists any section 21C(1) charge C, to secure the payment of an amount to the Board, the spouse applies, in such manner as the Board may require, for the charge to be cancelled.”.

the Board is notified of the spouse’s death;

the spouse is entitled to withdraw the amount standing to the credit of the spouse in the Fund under section 15(2)(b) of the Act or a former provision, or section 15AA(1) of the Act because the spouse is suffering from a terminal illness or disease or a former provision, and the Board has given its authority under section 15(1) of the Act for such withdrawal;

the spouse complies with section 15(6)(a) or 15AA(5)(a) of the Act or a former provision;

the spouse is exempt from complying with section 15(6)(a) of the Act by reason of section 15AA(3)(b) of the Act or a former provision;

there is a relevant transaction in respect of the immovable property and an undertaking is deemed under section 21C(2) of the Act as a result;

in the case of an undertaking under section 27D(1)(j)(i) of the Act, or any section 21C(2) undertaking B or section 21D(1) undertaking B, the spouse applies, in such manner as the Board may require, for the undertaking not to be enforced.

a charge under section 21(1), 21A(1), 21B(1), 27E(1)(h) or 27F(1)(h) of the Act; or

a continued charge constituted under section 21C(1)(d) of the Act, where the relevant charge mentioned in section 21C(1)(a) of the Act in relation to the continued charge is —

a charge mentioned in sub-paragraph (a); or

another continued charge that satisfies sub-paragraph (b).