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Housing (Scotland) Act 2014

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Housing (Scotland) Act 2014, Section 86 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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86Notice of potential liability for costs: notice of dischargeS

This section has no associated Explanatory Notes

(1)In section 10A of the Title Conditions (Scotland) Act 2003 (asp 9) (notice of potential liability for costs: further provision), after subsection (3) insert—

(3A)The owner of a burdened property may apply to register a notice (a “notice of discharge”) if—

(a)a notice of potential liability for costs in relation to the property has not expired,

(b)the liability for costs under section 10(2) to which the notice of potential liability relates has, in relation to the property which is the subject of the application, been fully discharged, and

(c)the person who registered the notice of potential liability for costs consents to the application.

(3B)A notice of discharge—

(a)must be in the form prescribed by order made by the Scottish Ministers, and

(b)on being registered, discharges the notice of potential liability for costs as it applies to the property which is the subject of the application..

(2)In the Tenements (Scotland) Act 2004—

(a)in section 13 (notice of potential liability for costs: further provision), after subsection (3) insert—

(3A)The owner of a flat may apply to register a notice (a “notice of discharge”) if—

(a)a notice of potential liability for costs in relation to the flat has not expired,

(b)the liability for costs under section 12(2) to which the notice of potential liability relates has, in relation to the flat which is the subject of the application, been fully discharged, and

(c)the person who registered the notice of potential liability for costs consents to the application.

(3B)A notice of discharge—

(a)must be in the form prescribed by order made by the Scottish Ministers, and

(b)on being registered, discharges the notice of potential liability for costs as it applies to the flat which is the subject of the application., and

(b)in section 29(1) (interpretation), in the definition of “register” after “costs” insert “ , a notice of discharge ”.

Commencement Information

I1S. 86(1) in force at 13.11.2014 for specified purposes, 16.12.2014 in so far as not already in force by S.S.I. 2014/264, art. 2, Sch.

I2S. 86(2) in force at 13.11.2014 for specified purposes, 16.12.2014 in so far as not already in force by S.S.I. 2014/264, art. 2, Sch.

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