Where, by virtue of section 78N(3)(a), (c), (e) or (f) above, the enforcing authority does any particular thing by way of remediation, it shall be entitled, subject to sections 78J(7) and 78K(6) above, to recover the reasonable cost incurred in doing it from the appropriate person or, if there are two or more appropriate persons in relation to the thing in question, from those persons in proportions determined pursuant to section 78F(7) above.
In deciding whether to recover the cost, and, if so, how much of the cost, which it is entitled to recover under subsection (1) above, the enforcing authority shall have regard—
Subsection (4) below shall apply in any case where—
Where this subsection applies—
A charging notice shall—
On the date on which an enforcing authority serves a charging notice on a person, the authority shall also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.
Subject to any order under subsection (9)(b) or (c) below, the amount of any cost specified in a charging notice and the accrued interest shall be a charge on the premises—
until the cost and interest are recovered.
A person served with a charging notice or a copy of a charging notice may appeal against the notice to the county court within the period of twenty-one days beginning with the date of service.
On an appeal under subsection (8) above, the court may—
Regulations may make provision with respect to—
An enforcing authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
Where any cost is a charge on premises under this section, the enforcing authority may by order declare the cost to be payable with interest by instalments within the specified period until the whole amount is paid.
In subsection (12) above—
"interest" means interest at the rate determined by the enforcing authority under subsection (4) above; and
"the specified period" means such period of thirty years or less from the date of service of the charging notice as is specified in the order.
Subsections (3) to (13) above do not extend to Scotland.