2014 No. 369
Building And Buildings

The Building (Scotland) Act 2003 (Charging Orders) Regulations 2014

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(1)(b)(ii) and 36(1) of the Building (Scotland) Act 20031 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Building (Scotland) Act 2003 (Charging Orders) Regulations 2014 and come into force on 7th February 2015.

(2)

In these Regulations “the Act” means the Building (Scotland) Act 2003.

Notification of making of a charging order2.

(1)

Subject to paragraph (2), on making a charging order under section 46A of the Act2, the local authority must—

(a)

serve a copy of the charging order on the owner of the building concerned;

(b)

advise the owner of the effect of the charging order; and

(c)

notify the owner of—

(i)

the right of appeal under section 47(3) of the Act against the charging order; and

(ii)

the time limit within which such an appeal may be made.

(2)

Where a charging order relates to qualifying expenses (as defined in section 46B of the Act) that are recoverable under section 27(7)(b) of the Act from a relevant person (as defined in section 27(3) of the Act), other than the owner, the references in paragraph (1) to the owner of the building are to be read as references to the relevant person (as so defined) in relation to the building.

Form of charging order3.

A charging order is to be in the form set out in Schedule 1.

Form of discharge of charging order4.

A discharge of a charging order is to be in the form set out in Schedule 2.

 MARCO BIAGI  
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1Form of Charging Order

Regulation 3

SCHEDULE 2Form of Discharge of Charging Order

Regulation 4

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make provision in respect of charging orders made by local authorities under section 46A of the Building (Scotland) Act 2003. Regulation 2 requires notification of the making of the charging order and of the right of appeal.

The Schedules to these Regulations set out the form of a charging order and the form of a discharge of a charging order.