Part 2Scheme of assistance for housing purposes
Grants and loans: conditions
85Discharge of conditions
1
At any time when the conditions mentioned in section 83 require to be complied with in relation to any land or premises, the owner or a creditor in a standard security with a right to sell may pay to the local authority the sum which would be payable by virtue of section 86 in the event of a breach of those conditions.
2
The reference in subsection (1) to a “right to sell” is a reference to the right of the creditor to sell the land or premises under—
a
section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), or
b
a warrant granted under section 24(1) of that Act.
3
On the making of the payment observance of those conditions ceases to be required.
4
Where, following a breach of any of those conditions, the local authority demands payment under section 86(1), observance of the conditions mentioned in section 83 ceases to be required.
5
On the making of a payment referred to in subsection (3) or a demand for payment referred to in subsection (4) the authority must—
a
if a notice was registered under subsection (1) of section 84, register a further notice in the appropriate land register,
b
if a written record was kept under subsection (3) of that section, amend that record,
specifying that observance of the conditions is no longer required.
6
The owner for the time being of the land or premises must pay to the local authority the amount of the expenses of registering the notice under subsection (5).
7
A sum paid under subsection (1) by a creditor in a standard security forms part of the sum secured by the standard security.