{
  "url": "https://openlegislation.uk/draft-registered-social-landlords-repayment-charges-scotland-regulations-2018/regulation-10",
  "json_url": "https://openlegislation.uk/draft-registered-social-landlords-repayment-charges-scotland-regulations-2018/regulation-10.json",
  "legislation": "sdsi/2018/9780111039397",
  "legislation_title": "The Registered Social Landlords (Repayment Charges) (Scotland) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/draft-registered-social-landlords-repayment-charges-scotland-regulations-2018",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Effect of registering a repayment charge or discharge of a repayment charge etc.",
  "text": "(1) A registered repayment charge is conclusive evidence that the charge specified in it has been created in respect of the property specified in it.\n(2) A registered repayment charge constitutes a charge on the property specified in it and has priority over—\n(a) all future burdens and incumbrances on the same property; and\n(b) all existing burdens and incumbrances on the same property except any charges created or arising under—\n(i) any local Act authorising a charge for recovery of expenses incurred by a local authority;\n(ii) schedule 9 of the Housing (Scotland) Act 1987;\n(iii) section 172 of the 2006 Act; or\n(iv) any Act authorising advances of public money.\n(3) A registered repayment charge is enforceable at the instance of the registered social landlord against any person deriving title to the charged property.\n(4) A registered repayment charge is not enforceable against—\n(a) a third party who acquires right to the charged property (whether title has been completed or not) in good faith and for value before the repayment charge is registered; or\n(b) any person deriving title from such third party.\n(5) A registered discharge of a repayment charge is conclusive evidence that the charge concerned has been discharged.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1987 c.26."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 172 was amended by section 150(4) of the Housing (Scotland) Act 2010 (asp 17) and sections 85(2), 90(1) and 91(1) of the Housing (Scotland) Act 2014."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2018/9780111039397/regulation/10",
    "retrieved_at": "2026-10-30T15:33:14.365399+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}