108 Recovery of expenses incurred under section 87 by charging order.S
(1)Where, under—
(a)section 87(3) of this Act; or
(b)section 99(4) thereof (to the extent that it relates to failure to rectify a defect specified in a notice served under section 87(1) thereof)
a local authority are entitled to recover any expenses, they may make in favour of themselves an order providing and declaring that the land, building or premises is thereby charged and burdened with an annuity to pay the amount of the expenses.
(2)Paragraphs 2 to 8 of Schedule [F19 to the Housing (Scotland) Act 1987] shall apply to an order under subsection (1) above as they apply to a charging order under paragraph 1 of that Schedule but with the following [F2modification, that is to say, in sub-paragraph (b)(ii) of paragraph 4 of that Schedule] , after the word “Act”, where thirdly occurring, there shall be inserted the words “or under the M1Building (Scotland) Act 1959.”.
Textual Amendments
F1Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 28(2)
F2Words in s. 108(2) substituted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 92(2), 104(3); S.S.I. 2015/122, art. 2
Marginal Citations