1989 Ed.]
Housing
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26A. Court orders on purchaser's conviction under section 26(2)
(1) Where a court convicts a person of an offence under section 26(2) committed in relation to the purchase of land by him, the court shall order, either-
(a) that the land purchased by the offender be transferred to the Authority or to such person as the Authority may nominate; or
(b) that the offender forfeit to the Crown a sum equivalent to the difference between the purchase price of the land, including any amount paid to the Crown under paragraph 1(b) of the Schedule, and its market value, with vacant possession and without any restriction as to alienation, conveyance or parting with possession, at the date of the conviction:
Provided that-
(i) the court may, for special reason relating to the circumstances of the offence, which it shall record, dispense with making an order; and
(ii) the court shall not make an order mentioned in paragraph (a) where it would prejudice another person who has, in good faith and for valuable consideration, acquired an interest in the land.
(2) Following an order made under subsection (1)(a), the court shall appoint a person to transfer the land and to execute all proper conveyances for this purpose, against payment to the offender of the purchase price, including any amount paid to the Crown under paragraph 1(b) of the Schedule, paid by him, less-
(a) the amount due under any registered mortgage, which shall be paid to the mortgagee; and
(b) any other amount that would have been deductible if the offender had assigned the land to the Authority or its nominee under the agreement for sale and purchase or the deed of assignment to him.
(Added 15 of 1982 s. 14)
26B. Court orders on conviction of other person under section 26(2)
(1) Where a court convicts a person of an offence under section 26(2) committed in relation to the purchase of land by another person, the court shall, on the application of the Authority, summon the purchaser to appear before it to show cause why an order should not be made under subsection (3).
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