Tenements (Scotland) Act 2004 (asp 11)

SCHEDULE 1 S Tenement Management Scheme

RULE 6 – S PROCEDURAL IRREGULARITIES

Validity of scheme decisions S

6.1 Any procedural irregularity in the making of a scheme decision does not affect the validity of the decision.

Commencement Information

I1 Sch. 1 in force at 28.11.2004 by S.S.I. 2004/487, art. 2(1)(d)

Liability for scheme costs where procedural irregularity S

6.2 If any owner is directly affected by a procedural irregularity in the making of a scheme decision and that owner—

(a) was not aware that any scheme costs relating to that decision were being incurred, or

(b) on becoming aware as mentioned in paragraph (a), immediately objected to the incurring of those costs,

that owner is not liable for any such costs (whether incurred before or after the date of objection), and, for the purposes of determining the share of those scheme costs due by each of the other owners, that owner is left out of account.

Commencement Information

I1 Sch. 1 in force at 28.11.2004 by S.S.I. 2004/487, art. 2(1)(d)