Charging Order (HASSASSAA) - Example Deeds

General

A HASSASSAA charging order is registrable by virtue of section 23 of the Health and Social Services and Social Security Adjudications Act 1983. The prescribed statutory form of a HASSASSAA charging order is set out in the Charging Order (Residential Accommodation) (Scotland) Order 1993. Under section 23, a local authority in Scotland, England or Wales may record or register a charging order over any one interest in land in Scotland, owned by a resident of the local authority's residential accommodation.

An entry for a HASSASSAA charging order affecting a registered plot is entered in the securities section of the title sheet.

The registration officer should note:

a charging order is competent even where the resident only owns a pro indiviso share of property (e.g. a husband and wife situation);

a charging order is also competent when the resident has not recorded or registered their title as proprietor (i.e. has right to the property or a share therein based on a midcouple or link in title). The officer will rely upon the information in the application form as to the validity of the charging order and will proceed to register provided the application form does not indicate any difficulty with the title of the resident to the property in question;

a charging order under this legislation is similar to a standard security, in that it ranks in the same way as a standard security, i.e. according to the date of registration, unless there is an agreement stating otherwise. However, a HASSASSA charging order cannot be assigned.

Useful links

Charging Order (Repayment Charge) - Example Deeds

Charging Order (Building (Scotland) Act 2003) - Example Deeds

Repayment Charge (Registered Social Landlords) - Example Deeds

Examples

Statutory form

We (name of local authority), in exercise of the powers conferred upon us by section 23 of the Health and Social Services and Social Security Adjudications Act 1983 ("the 1983 Act"), hereby make a charging order over All and Whole (describe the security subjects) being an interest in land held by (name and designation of debtor) in respect of any debt due or to become due by the said (name of debtor) to us in respect of the provision by us of accommodation for the said (name of debtor), all in terms of the said section 23, together with any interest thereon as specified in section 24 of the 1983 Act as amended (details of any amendments)

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Completed example

We, FIFE COUNCIL, incorporated under the Local Government etc (Scotland) Act 1994, in exercise of the powers conferred upon us by section 23 of the Health and Social Services and Social Security Adjudications Act 1983 ("the 1983 Act"), hereby make a Charging Order over ALL and WHOLE the subjects 12 Reddy Place, Cowdenbeath, being the ground floor flat of the tenement 12 and 14 Reddy Place, Cowdenbeath in the County of Fife registered in the Land Register of Scotland under Title No. FFE10001 being an interest in land held by Mary Elizabeth Smith sometime residing at 12 Reddy Place, Cowdenbeath and now resident in Abbotsford Strathburn Lodge, Strathburn Drive, Glenrothes in respect of any debt due or to become due by the said Mary Elizabeth Smith to us in respect of the provision by us of accommodation for the said Mary Elizabeth Smith all in terms of the said section 23, together with any interest thereon as specified in section 24 of the 1983 Act as amended by section 45(3) of the National Health Service and Community Care Act 1990: IN WITNESS WHEREOF these presents consisting of this page only are sealed with the Common Seal of The Fife Council and subscribed for them and on their behalf by Jane Elizabeth Matthews a Proper Officer of the Council at Glenrothes on the Twelfth day of February, Two Thousand and Fourteen

Dated the Eighteenth day of October Two Thousand and Thirteen.

Jane E Matthews

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(Seal of Local Authority)

Resulting securities section entry

Charging Order by Fife Council, incorporated under the the Local Government etc. (Scotland) Act 1994, in exercise of powers conferred by Section 23 of the Health and Social Services and Social Security Adjudications Act 1983 – Charging the subjects in this Title in respect of any debt due or to become due by said Mary Elizabeth Smith to said Council in respect of the provision of accommodation.

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