Tenements (Scotland) Act 2004 (asp 11)

SCHEDULE 1 S Tenement Management Scheme

RULE 8 – S ENFORCEMENT

Scheme binding on owners S

8.1 This scheme binds the owners.

Commencement Information

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

Scheme decision to be binding S

8.2 A scheme decision is binding on the owners and their successors as owners.

Commencement Information

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

Enforceability of scheme decisions S

8.3 Any obligation imposed by this scheme or arising from a scheme decision may be enforced by any owner.

Commencement Information

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

Enforcement by third party S

8.4 Any person authorised in writing for the purpose by the owner or owners concerned [F1 and a local authority entitled to recover costs under section 4A(5)] may—

(a) enforce an obligation such as is mentioned in rule 8.3 on behalf of one or more owners, and

(b) in doing so, may bring any claim or action in that person’s own name.

Textual Amendments

F1 Words in sch. 1 rule 8.4 inserted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 85(1)(e), 104(3); S.S.I. 2015/122, art. 2

Commencement Information

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