Search Legislation

Tenements (Scotland) Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Tenements (Scotland) Act 2004, Section 13. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

13Notice of potential liability for costs: further provisionS

This section has no associated Explanatory Notes

(1)A notice of potential liability for costs—

(a)may be registered in relation to a flat only on the application of—

(i)the owner of the flat;

(ii)the owner of any other flat in the same tenement; or

[F1(iia)a local authority entitled to recover costs under section 4A(5),]

(iii)any manager (within the meaning of the Tenement Management Scheme) of the tenement; and

(b)shall not be registered unless it is signed by or on behalf of the applicant.

(2)A notice of potential liability for costs may be registered—

(a)in relation to more than one flat in respect of the same maintenance or work; and

(b)in relation to any one flat, in respect of different maintenance or work.

(3)A notice of potential liability for costs expires at the end of the period of 3 years beginning with the date of its registration, unless the notice is renewed by being registered again before the end of that period.

[F2(3A)The owner of a flat may apply to register a notice (a “notice of discharge”) if—

(a)a notice of potential liability for costs in relation to the flat has not expired,

(b)the liability for costs under section 12(2) to which the notice of potential liability relates has, in relation to the flat which is the subject of the application, been fully discharged, and

(c)the person who registered the notice of potential liability for costs consents to the application.

(3B)A notice of discharge—

(a)must be in the form prescribed by order made by the Scottish Ministers, and

(b)on being registered, discharges the notice of potential liability for costs as it applies to the flat which is the subject of the application.]

(4)This section applies to a renewed notice of potential liability for costs as it applies to any other such notice.

(5)The Keeper of the Registers of Scotland shall not be required to investigate or determine whether the information contained in any notice of potential liability for costs submitted for registration is accurate.

(6)The Scottish Ministers may by order amend schedule 2 to this Act.

(7)In section 12 of the Land Registration (Scotland) Act 1979 (c. 33), in subsection (3) (which specifies losses for which there is no entitlement to be indemnified by the Keeper under that section), after paragraph (p) there shall be added—

(q)the loss arises in consequence of an inaccuracy in any information contained in a notice of potential liability for costs registered in pursuance of—

(i)section 10(2A)(a) or 10A(3) of the Title Conditions (Scotland) Act 2003 (asp 9); or

(ii)section 12(3)(a) or 13(3) of the Tenements (Scotland) Act 2004 (asp 11).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2S. 13(3A)(3B) inserted (13.11.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 86(2)(a), 104(3); S.S.I. 2014/264, art. 2, sch.

Commencement Information

I1S. 13(6) in force at 10.11.2004 by S.S.I. 2004/487, art. 2(2)

I2S. 13(1)-(5)(7) in force at 28.11.2004 by S.S.I. 2004/487, art. 2(1)(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources