Water (Scotland) Act 1980

Changes over time for: Section 65

Version Superseded: 04/01/1995

Alternative versions:

01/02/1991- Amendment
01/04/1993
Point in time
04/01/1995- Amendment

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Point in time view as at 01/04/1993. This version of this provision has been superseded.

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Water (Scotland) Act 1980, Section 65 is up to date with all changes known to be in force on or before 11 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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65 Power of council to make charging order for expenses of executing works.S

(1)Where an islands or district council have under section 64 required any owner of a house to execute any works and the work has been completed, the council may on the application of the owner and on being satisfied as to the due execution of the work and as to the amount of the expenditure thereon make an order (in this section referred to as a “charging order”) declaring that the house and any land held in connection therewith are thereby charged and burdened with an annuity to repay the amount of the expenditure together with an annuity to repay the amount of the expenditure together with the expenses of obtaining the charging order and recording it in the appropriate Register of Sasines [F1or registering it in the Land Register of Scotland, as the case may be].

(2)Subject as hereinafter provided, the annuity charged shall be such sum (not exceeding such sum as may from time to time be prescribed) as the council may determine in respect of every hundred pounds of the said amount, and so in proportion in respect of any fraction of that amount, and shall commence from the date of the order and be payable by equal half-yearly payments to the person named in the order by whom the expenditure was incurred, his executors or assignees until the expiration of a period of 30 years from the date on which the council were satisfied as to the due execution of the work.

(3)Where a council have incurred expenses in the execution of works under section 64 then, without prejudice to any other remedy for, or any preference with respect to, the recovery thereof, it shall be competent for them, on giving not less than 14 days’ notice to the owner, to make a charging order in favour of themselves in respect of such expenses (including the expenses of obtaining the charging order and recording it in the appropriate Register of Sasines [F2or registering it in the Land Register of Scotland, as the case may be]) in like manner as they may make a charging order in favour of a person under the foregoing provisions of this section.

(4)A charging order shall not have effect until it is recorded in the appropriate Register of Sasines [F3or (as the case may be) in the Land Register of Scotland in a case where the interest in land affected by the order is registered in that Register].

(5)Every annuity constituted a charge by a charging order which is recorded in the appropriate Register of Sasines [F4or registered in the Land Register of Scotland, as the case may be] shall be a charge on the house and land specified in the order, having priority over all existing and future estates, interests and incumbrances with the exception of—

(a)feuduties and teinds;

(b)any charges on the premises by virtue of charging orders under the Housing (Scotland) Acts 1966 to 1975 recorded before the recording of the order under this section; and

(c)any charge created under any Act authorising advances of public money;

and where more annuities than one are charged under this section on any house and land such annuities shall as between themselves have order and preference according to the respective dates of the recording of the charging orders in the appropriate Register of Sasines.

(6)A charging order recorded in the appropriate Register of Sasines [F5or registered in the Land Register of Scotland, as the case may be] shall be conclusive evidence that all notices, acts and proceedings by this Part of this Act required in connection with the execution of the work or with reference to or consequent on obtaining or making such an order have been duly served, done and taken, and that the charge has been duly created and is a valid charge on the house and land declared to be subject thereto.

(7)Every annuity charged by any such charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge secured on the subjects by absolute order made under and in terms of the M1Improvement of Land Act 1864.

(8)A charging order and all sums payable thereunder may from time to time be tranferred in like manner as a standard security or rentcharge.

(9)Any owner of, or other person interested in, a house and land on which an annuity has been charged by any such charging order shall at any time be entitled to redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon or, in default of agreement, determined by the Secretary of State [F6and shall, on request, be entitled to receive a discharge in respect of the redemption which may be registered, notwithstanding its form, in the Register of Sasines or Land Register of Scotland, as the case may be.]

(10)A charging order [F7or discharge] shall be in such form as may be prescribed [F8by the islands or district council].

Textual Amendments

F1Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 60(2)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)