(1)The Scottish Ministers may by regulations make provision allowing a registered social landlord to make in favour of itself a charge to recover a sum which—
(a)the registered social landlord is entitled to recover from an owner of a flat in a tenement, and
(b)represents the owner's share of scheme costs as determined in accordance with section 4A(3) of the 2004 Act.
(2)Regulations under subsection (1) may, in particular—
(a)apply (with or without modifications), or make provision similar to, any provision of or made under this Part,
(b)prescribe conditions which must apply before a charge can be made in relation to a sum mentioned in subsection (1), including conditions relating to—
(i)the registered social landlord which may make a charge,
(ii)the circumstances leading to the sum becoming recoverable by the registered social landlord,
(c)modify the Tenement Management Scheme or its operation,
(d)make provision about rights of appeal which apply in relation to—
(i)the decision to impose a charge,
(ii)the terms of the charge.
(3)Before making regulations under subsection (1), the Scottish Ministers must consult—
(a)such bodies representing local authorities,
(b)such bodies representing registered social landlords,
(c)such other persons,
as they think fit.
(4)Regulations under subsection (1) may modify any enactment (including this Act).
(5)In this section—
“ owner of a flat in a tenement ” is to be construed in accordance with the definition of “owner” in section 28 of the 2004 Act,
“ registered social landlord ” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010 (asp 17),
“ Tenement Management Scheme ” has the same meaning as in the 2004 Act, and
“ the 2004 Act ” means the Tenements (Scotland) Act 2004 (asp 11). ]
Textual Amendments
F1S. 174A inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 85(3), 104(3); S.S.I. 2014/264, art. 2, Sch.