Part 5

General

Charging orders

Registration
46E
1
The local authority must register a charging order in the appropriate land register.
2
A charging order may be registered in any period during which the order is of no effect by virtue of section 47(4).
3
On the registration of a charging order, the charge specified in the order is created in respect of the building specified in it.
4
A registered charging order is enforceable at the instance of the local authority against the owner of the charged building (but subject to section 46F).
5
The local authority must register a discharge of a charging order in the appropriate land register as soon as reasonably practicable after it has received—
a
payment in full of the repayable amount, or
b
a sum redeeming the repayable amount under section 46D(2).
6
On the registration of the discharge of a charging order, the charge specified in the order is discharged.
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)