# The Registered Social Landlords (Repayment Charges) (Scotland) Regulations 2018, Regulation 10: Effect of registering a repayment charge or discharge of a repayment charge etc.


(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.
(2) A registered repayment charge constitutes a charge on the property specified in it and has priority over—
(a) all future burdens and incumbrances on the same property; and
(b) all existing burdens and incumbrances on the same property except any charges created or arising under—
(i) any local Act authorising a charge for recovery of expenses incurred by a local authority;
(ii) schedule 9 of the Housing (Scotland) Act 1987;
(iii) section 172 of the 2006 Act; or
(iv) any Act authorising advances of public money.
(3) A registered repayment charge is enforceable at the instance of the registered social landlord against any person deriving title to the charged property.
(4) A registered repayment charge is not enforceable against—
(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
(b) any person deriving title from such third party.
(5) A registered discharge of a repayment charge is conclusive evidence that the charge concerned has been discharged.

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Source: https://www.legislation.gov.uk/sdsi/2018/9780111039397/regulation/10 (the official version)
Page: https://openlegislation.uk/draft-registered-social-landlords-repayment-charges-scotland-regulations-2018/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.