Sewerage (Scotland) Act 1968

47 Recovery of expenses by local authority

(1) Where a local authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable either under this Act, or by agreement with the authority, then, without prejudice to any other remedy for, or any preference with respect to, the recovery thereof, they may, on giving not less than 14 days' notice to the owner, make an order (in this section referred to as a " charging order ") declaring that the premises and any land held in connection therewith are thereby charged and burdened with an annuity to repay the amount of the expenditure together with the expenses of obtaining the charging order and recording it in the Register of Sasines.

(2) The provisions of subsection (2) and subsections (4) to (9) of section 55 of the [1946 c. 42.] Water (Scotland) Act 1946 (which relates to charging orders) shall, with the following and any other necessary modifications, apply to a charging order made under the foregoing subsection—

(a) for references to a house there shall be substituted references to premises ; and

(b) for references to Part III of the said Act of 1946 there shall be substituted references to this Act.

(3) Sections 56 and 57 of the said Act of 1946 (recovery of expenses and limitation of liability) shall apply for the purposes of recovery of expenses for the repayment of which an owner of premises is liable under this Act, or by agreement with a local authority, as they apply for the purposes of recovery of expenses for the repayment of which an owner is liable under Part III of that Act.