Search Legislation

Tenements (Scotland) Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Resolution of disputes

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Tenements (Scotland) Act 2004, Cross Heading: Resolution of disputes. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Resolution of disputesS

5Application to sheriff for annulment of certain decisionsS

(1)Where a decision is made by the owners in accordance with the management scheme which applies as respects the tenement (except where that management scheme is the development management scheme), an owner mentioned in subsection (2) below may, by summary application, apply to the sheriff for an order annulling the decision.

(2)That owner is—

(a)any owner who, at the time the decision referred to in subsection (1) above was made, was not in favour of the decision; or

(b)any new owner, that is to say, any person who was not an owner at that time but who has since become an owner.

(3)For the purposes of any such application, the defender shall be all the other owners.

(4)An application under subsection (1) above shall be made—

(a)in a case where the decision was made at a meeting attended by the owner making the application, not later than 28 days after the date of that meeting; or

(b)in any other case, not later than 28 days after the date on which notice of the making of the decision was given to the owner for the time being of the flat in question.

(5)The sheriff may, if satisfied that the decision—

(a)is not in the best interests of all (or both) the owners taken as a group; or

(b)is unfairly prejudicial to one or more of the owners,

make an order annulling the decision (in whole or in part).

(6)Where such an application is made as respects a decision to carry out maintenance, improvements or alterations, the sheriff shall, in considering whether to make an order under subsection (5) above, have regard to—

(a)the age of the property which is to be maintained, improved or, as the case may be, altered;

(b)its condition;

(c)the likely cost of any such maintenance, improvements or alterations; and

(d)the reasonableness of that cost.

(7)Where the sheriff makes an order under subsection (5) above annulling a decision (in whole or in part), the sheriff may make such other, consequential, order as the sheriff thinks fit (as, for example, an order as respects the liability of owners for any costs already incurred).

(8)A party may not later than fourteen days after the date of—

(a)an order under subsection (5) above; or

(b)an interlocutor dismissing such an application,

appeal to the Court of Session on a point of law.

(9)A decision of the Court of Session on an appeal under subsection (8) above shall be final.

(10)Where an owner is entitled to make an application under subsection (1) above in relation to any decision, no step shall be taken to implement that decision unless—

(a)the period specified in subsection (4) above within which such an application is to be made has expired without such an application having been made and notified to the owners; or

(b)where such an application has been so made and notified—

(i)the application has been disposed of and either the period specified in subsection (8) above within which an appeal against the sheriff’s decision may be made has expired without such an appeal having been made or such an appeal has been made and disposed of; or

(ii)the application has been abandoned.

(11)Subsection (10) above does not apply to a decision relating to work which requires to be carried out urgently.

Commencement Information

I1S. 5 in force at 28.11.2004 by S.S.I. 2004/487, art. 2(1)(a)

6Application to sheriff for order resolving certain disputesS

(1)Any owner may by summary application apply to the sheriff for an order relating to any matter concerning the operation of—

(a)the management scheme which applies as respects the tenement (except where that management scheme is the development management scheme); or

(b)any provision of this Act in its application as respects the tenement.

(2)Where an application is made under subsection (1) above the sheriff may, subject to such conditions (if any) as the sheriff thinks fit—

(a)grant the order craved; or

(b)make such other order under this section as the sheriff considers necessary or expedient.

(3)A party may not later than fourteen days after the date of—

(a)an order under subsection (2) above; or

(b)an interlocutor dismissing such an application,

appeal to the Court of Session on a point of law.

(4)A decision of the Court of Session on an appeal under subsection (3) above shall be final.

Commencement Information

I2S. 6 in force at 28.11.2004 by S.S.I. 2004/487, art. 2(1)(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources