The Registered Social Landlords (Repayment Charges) (Scotland) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations enable a registered social landlord (“RSL”) to make a repayment charge in favour of itself to recover a sum which the RSL has paid on behalf of an owner when enforcing a scheme decision under the Tenements (Scotland) Act 2004.

Regulation 2 sets out the conditions that must be met before an RSL can make a repayment charge and provides for what costs may be included in the owner’s share. Regulation 3 provides for a notice to the owner before the RSL pays that owner’s share.

Regulation 4 provides for the repayable amount, regulation 5 provides for the repayment period and regulation 6 provides for early repayment.

Regulations 7 and 8 introduce the Parts of the schedule. The schedule sets out the form of a repayment charge (Part 1) and the form of a discharge of a repayment charge (Part 2).

Regulation 9 provides for registration of a repayment charge or discharge and regulation 10 provides for the effect of registration in either case, including prioritisation of a repayment charge as against other charges and incumbrances on the same property. Regulation 11 provides for fees and expenses to be paid to the RSL.

Regulation 12 provides for appeals to the sheriff in relation to determinations of the repayable amount, the number of instalments and the frequency of instalments.

No business and regulatory impact assessment has been prepared for these Regulations as no impact on business, charities or the voluntary bodies is foreseen.