Health And Social Services And Social Security Adjudications Act 1983

23 Arrears of contributions secured over interest in land in Scotland.E+W+S

(1)Subject to subsection (2) below, where a person (hereinafter referred to as the debtor) who avails himself of Part III accommodation provided by a local authority in Scotland, England or Wales—

(a)fails to pay any sum (hereinafter referred to as the debt) assessed as due to be paid by him for the accommodation; and

(b)has an interest in land in Scotland ([F1“an interest in land” meaning land or,]as defined in section 9(8) of the M1Conveyancing and Feudal Reform (Scotland ) Act 1970[F2, a real right in land]),

the local authority may make in their favour and record in the General Register of Sasines or, as appropriate, register in accordance with the M2Land Registration (Scotland) Act 1979 an order (hereinafter referred to as a charging order) over that interest in land in respect of the amount of that debt.

(2)In the case of a debtor who has more than one interest in land a charging order shall be over such one of those interests as the local authority may determine.

[F3(2A)In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.]

(3)On being so recorded or, as the case may be, registered, a charging order over an interest in land shall create a right which shall be deemed to have been granted by the debtor in favour of the local authority over that interest for the purpose of securing any debt due or to become due by him to the local authority in respect of the provision of the Part III accommodation referred to in subsection (1) above, together with interest thereon as specified in section 24 of this Act, and the local authority shall intimate to the debtor in writing that they have made and recorded or registered the order and inform him of its effect.

[F4(4)Where an interest in land (as defined in subsection (1)(b) above) over which a charging order is made is an interest to which the debtor does not have a completed title, the order shall be as valid as if the debtor had such title.]

(5)Charging orders and the discharge thereof shall be in such form or forms as the Secretary of State may by order prescribe and he may also by order make provision for ascertaining the amount due under the charging order at any time.

(6)The provisions of Part II of the said Act of 1970 shall apply to a charging order under this section as if it were a standard security in a form prescribed in Schedule 2 to that Act to such extent and with such modifications as the Secretary of State may by order prescribe.

(7)The power to make an order under subsections (5) and (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.