Building (Scotland) Act 2003 (asp 8)

Part 5 S General

[F1 Charging orders S

Textual Amendments

F1 Ss. 46A-46H and preceding cross-heading inserted (24.1.2015) by Buildings (Recovery of Expenses) (Scotland) Act 2014 (asp 13), ss. 1(b), 3(2)

46D Charging order provision and early repayment S

(1) A charging order must provide—

(a) that the repayable amount is payable in the number of annual instalments and on the date in each year determined under section 46C(3),

(b) that in default of such payment each instalment, together with any amount recoverable in respect of that instalment under section 46C(2)(a) or (b), is to be separately recoverable as a debt, and

(c) that if immediately after the final instalment falls due any balance of the repayable amount remains unpaid, that balance is immediately due for repayment and is recoverable as a debt.

(2) The owner of any building subject to a charging order may at any time redeem the repayable amount early by paying to the local authority the repayable amount in full or such lower sum as the owner may agree with the local authority.]