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Housing (Scotland) Act 2006
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- 03/09/2007- Amendment
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173Effect of registering repayment charges etc.S
This section has no associated Explanatory Notes
(1)A registered repayment charge is conclusive evidence that the charge specified in it has been created in respect of the [F1property] specified in it.
(2)A registered repayment charge constitutes a charge on the [F2property] specified in it and has priority over—
(a)all future burdens and incumbrances on the same [F2property], and
(b)all existing burdens and incumbrances on the same [F2property] except any charges created or arising under—
F3(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)any local Act authorising a charge for recovery of expenses incurred by a local authority,
(iii)Schedule 9 of the 1987 Act,
(iv)section 172, or
(v)any Act authorising advances of public money.
(3)A registered repayment charge is enforceable at the instance of the local authority against any person deriving title to the charged [F4property].
(4)But it is not enforceable against—
(a)a third party who acquires right to the charged [F5property] (whether title has been completed or not) in good faith and for value before the repayment charge is registered, or
(b)any person deriving title from such third party.
(5)A registered discharge of a repayment charge is conclusive evidence that the charge concerned has been discharged.
Textual Amendments
F1Word in s. 173(1) substituted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 90(2)(a), 104(3); S.S.I. 2015/122, art. 2
F2Word in s. 173(2) substituted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 90(2)(b), 104(3); S.S.I. 2015/122, art. 2
F3S. 173(2)(b)(i) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1
F4Word in s. 173(3) substituted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 90(2)(c), 104(3); S.S.I. 2015/122, art. 2
F5Word in s. 173(4) substituted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 90(2)(d), 104(3); S.S.I. 2015/122, art. 2
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