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The Notice of Potential Liability for Costs (Discharge Notice) (Scotland) Order 2014

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Scottish Statutory Instruments

2014 No. 313

Title Conditions

Tenements

The Notice of Potential Liability for Costs (Discharge Notice) (Scotland) Order 2014

Made

13th November 2014

Laid before the Scottish Parliament

17th November 2014

Coming into force

16th December 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 10A(3B)(a) of the Title Conditions (Scotland) Act 2003(1) and section 13(3B)(a) of the Tenements (Scotland) Act 2004(2), and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Notice of Potential Liability for Costs (Discharge Notice) (Scotland) Order 2014 and comes into force on 16th December 2014.

Notice of discharge under the Title Conditions (Scotland) Act 2003

2.  The notice of discharge referred to in section 10A(3A) of the Title Conditions (Scotland) Act 2003 is to be in the form set out in Schedule 1.

Notice of discharge under the Tenements (Scotland) Act 2004

3.  The notice of discharge referred to in section 13(3A) of the Tenements (Scotland) Act 2004 is to be in the form set out in Schedule 2.

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th November 2014

Article 2

SCHEDULE 1

Article 3

SCHEDULE 2

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes the form of notices of discharge in respect of notices of potential liability for costs under the Title Conditions (Scotland) Act 2003 (“the 2003 Act”) and the Tenements (Scotland) Act 2004 (“the 2004 Act”).

A notice of potential liability for costs may be registered against a property in accordance with section 10(2A) of the 2003 Act or section 12(3) of the 2004 Act, with the effect that an incoming owner of that property may be liable for outstanding costs relating to certain maintenance or work. The notice of potential liability expires after three years, unless it is renewed.

Section 10A(3A) of the 2003 Act and section 13(3A) of the 2004 Act, as inserted by section 86 of the Housing (Scotland) Act 2014, provide that an unexpired notice of potential liability for costs may be discharged if the liability to which it relates has been discharged and the person who registered it consents. The form of a notice of discharge is set out in Schedule 1 (in respect of the 2003 Act) and Schedule 2 (in respect of the 2004 Act).

(1)

2003 asp 9 (“the 2003 Act”). Section 10A(3A) and (3B) is inserted by section 86(1) of the Housing (Scotland) Act 2014 (asp 14) (“the 2014 Act”). Section 86(1) was brought into force on 13th November 2014 by S.S.I. 2014/264 so far as is necessary to enable the Scottish Ministers to make an order under section 10A(3B)(a) of the 2003 Act.

(2)

2004 asp 11 (“the 2004 Act”). Section 13(3A) and (3B) is inserted by section 86(2) of the 2014 Act. Section 86(2) was brought into force on 13th November 2014 by S.S.I. 2014/264 so far as is necessary to enable the Scottish Ministers to make an order under section 13(3B)(a) of the 2004 Act.

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