Tenements (Scotland) Act 2004

13 Notice of potential liability for costs: further provision S

(1) A notice of potential liability for costs—

(a) may be registered in relation to a flat only on the application of—

(i) the owner of the flat;

(ii) the owner of any other flat in the same tenement; or

[F1 (iia) a local authority entitled to recover costs under section 4A(5),]

(iii) any manager (within the meaning of the Tenement Management Scheme) of the tenement; and

(b) shall not be registered unless it is signed by or on behalf of the applicant.

(2) A notice of potential liability for costs may be registered—

(a) in relation to more than one flat in respect of the same maintenance or work; and

(b) in relation to any one flat, in respect of different maintenance or work.

(3) A notice of potential liability for costs expires at the end of the period of 3 years beginning with the date of its registration, unless the notice is renewed by being registered again before the end of that period.

[F2 (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.]

(4) This section applies to a renewed notice of potential liability for costs as it applies to any other such notice.

(5) The Keeper of the Registers of Scotland shall not be required to investigate or determine whether the information contained in any notice of potential liability for costs submitted for registration is accurate.

(6) The Scottish Ministers may by order amend schedule 2 to this Act.

(7) In section 12 of the Land Registration (Scotland) Act 1979 (c. 33), in subsection (3) (which specifies losses for which there is no entitlement to be indemnified by the Keeper under that section), after paragraph (p) there shall be added—

“(q) the loss arises in consequence of an inaccuracy in any information contained in a notice of potential liability for costs registered in pursuance of—

(i) section 10(2A)(a) or 10A(3) of the Title Conditions (Scotland) Act 2003 (asp 9); or

(ii) section 12(3)(a) or 13(3) of the Tenements (Scotland) Act 2004 (asp 11).”

Textual Amendments

F1 S. 13(1)(a)(iia) inserted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 85(1)(c), 104(3); S.S.I. 2015/122, art. 2

F2 S. 13(3A)(3B) inserted (13.11.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Housing (Scotland) Act 2014 (asp 14), ss. 86(2)(a), 104(3); S.S.I. 2014/264, art. 2, sch.

Commencement Information

I1 S. 13(6) in force at 10.11.2004 by S.S.I. 2004/487, art. 2(2)

I2 S. 13(1)-(5)(7) in force at 28.11.2004 by S.S.I. 2004/487, art. 2(1)(b)