- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Tenements (Scotland) Act 2004, Cross Heading: Insurance.
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.
(1)It shall be the duty of each owner to effect and keep in force a contract of insurance against the prescribed risks for the reinstatement value of that owner’s flat and any part of the tenement building attaching to that flat as a pertinent.
(2)The duty imposed by subsection (1) above may be satisfied, in whole or in part, by way of a common policy of insurance arranged for the entire tenement building.
(3)The Scottish Ministers may by order prescribe risks against which an owner shall require to insure (in this section referred to as the “prescribed risks”).
(4)Where, whether because of the location of the tenement or otherwise, an owner—
(a)having made reasonable efforts to do so, is unable to obtain insurance against a particular prescribed risk; or
(b)would be able to obtain such insurance but only at a cost which is unreasonably high,
the duty imposed by subsection (1) above shall not require an owner to insure against that particular risk.
(5)Any owner may by notice in writing request the owner of any other flat in the tenement to produce evidence of—
(a)the policy in respect of any contract of insurance which the owner of that other flat is required to have or to effect; and
(b)payment of the premium for any such policy,
and not later than 14 days after that notice is given the recipient shall produce to the owner giving the notice the evidence requested.
(6)The duty imposed by subsection (1) above on an owner may be enforced by any other owner.
Commencement Information
I1S. 18 in force at 24.1.2007 by S.S.I. 2007/17, art. 2
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.
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.
Text created by the Scottish Government 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: