The Charging Orders (Residential Accommodation) (Scotland) Order 1993

Application of Part II of the 1970 Act

5.—(1) The provisions of Part II of the 1970 Act shall apply to a charging order made under section 23 of the 1983 Act after the date of coming into force of this Order as if it was a standard security in a form prescribed in Schedule 2 to the 1970 Act, subject to the exceptions specified in paragraph (2) below and to the modifications specified in paragraph (3) below.

(2) The following provisions of Part II of the 1970 Act shall not apply to a charging order, namely–

(a)section 9(1) to (5) (the standard security);

(b)section 10(1) to (3) (import of forms of, and certain clauses in, standard security);

(c)section 11(1) (effect of recorded standard security);

(d)section 12 (standard security may be granted by person uninfeft); and

(e)section 14 (assignation of standard security).

(3) Subject to the exceptions specified in paragraph (2) above, the provisions of Part II of the 1970 Act shall apply subject to the following modifications, namely–

(a)as if there was substituted a reference to “charging order” for any reference to “standard security” in those provisions, other than in section 13 or where the context otherwise requires;

(b)as if, in section 10(4) (implied assignation of title deeds), for the reference to “The forms of standard security contained in Schedule 2 to this Act”, there was substituted a reference to “The form of charging order set out in Form 1 in the Schedule to the Charging Orders (Residential Accommodation) (Scotland) Order 1993”;

(c)as if, in section 13(1) (ranking of standard securities), for the words from “subsequent security” to “conveyance so recorded”, there was substituted the words “charging order over the same interest in land or any part thereof, being a charging order so recorded”;

(d)as if, in section 17 (discharge of standard security), for the reference to “Form F of Schedule 4 to this Act”, there was substituted a reference to “the form of discharge set out in Form 2 in the Schedule to the Charging Orders (Residential Accommodation) (Scotland) Order 1993”;

(e)as if, in section 19(1) (calling-up of standard security), there was inserted at the end the following proviso:–

• “provided that the local authority shall not be entitled to call up a charging order for non payment of the amount due by the debtor under the charging order while the debtor is alive, except in the event of–

  (a)

  the insolvency of the debtor; or

  (b)

  the sale or transfer of the interest in land subject to the charging order; or

  (c)

  the calling up of a standard security over the security subjects.”;

(f)as if, in section 30(1) (interpretation of Part II), there was inserted before the first definition of “creditor” the following definition:–

““charging order” means a charging order made under section 23 of the Health and Social Services and Social Security Adjudications Act 1983;”; and

(g)as if, in paragraph 8 (entitlement of creditor to call up the standard security) of Schedule 3 (the standard conditions), there was inserted at the end the following proviso:–

• “provided that the local authority shall not be entitled to call up a charging order for non payment of the amount due by the debtor under the charging order while the debtor is alive, except in the event of–

  (a)

  the insolvency of the debtor; or

  (b)

  the sale or transfer of the interest in land subject to the charging order; or

  (c)

  the calling up of a standard security over the security subjects.”.