The Building (Scotland) Act 2003 (Charging Orders) Regulations 2014

Scottish Statutory Instruments

2014 No. 369

Building And Buildings

The Building (Scotland) Act 2003 (Charging Orders) Regulations 2014

Made

16th December 2014

Laid before the Scottish Parliament

18th December 2014

Coming into force

7th February 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(1)(b)(ii) and 36(1) of the Building (Scotland) Act 2003(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Building (Scotland) Act 2003 (Charging Orders) Regulations 2014 and come into force on 7th February 2015.

(2) In these Regulations “the Act” means the Building (Scotland) Act 2003.

Notification of making of a charging order

2.—(1) Subject to paragraph (2), on making a charging order under section 46A of the Act(2), the local authority must—

(a) serve a copy of the charging order on the owner of the building concerned;

(b) advise the owner of the effect of the charging order; and

(c) notify the owner of—

(i) the right of appeal under section 47(3) of the Act against the charging order; and

(ii) the time limit within which such an appeal may be made.

(2) Where a charging order relates to qualifying expenses (as defined in section 46B of the Act) that are recoverable under section 27(7)(b) of the Act from a relevant person (as defined in section 27(3) of the Act), other than the owner, the references in paragraph (1) to the owner of the building are to be read as references to the relevant person (as so defined) in relation to the building.

Form of charging order

3.  A charging order is to be in the form set out in Schedule 1.

Form of discharge of charging order

4.  A discharge of a charging order is to be in the form set out in Schedule 2.

  MARCO BIAGI    

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th December 2014

Regulation 3

SCHEDULE 1 Form of Charging Order

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Regulation 4

SCHEDULE 2 Form of Discharge of Charging Order

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in respect of charging orders made by local authorities under section 46A of the Building (Scotland) Act 2003. Regulation 2 requires notification of the making of the charging order and of the right of appeal.

The Schedules to these Regulations set out the form of a charging order and the form of a discharge of a charging order.

(1)

2003 asp 8.

(2)

Sections 46A to 46H were inserted by section 1 of the Buildings (Recovery of Expenses) (Scotland) Act 2014 (asp 13).