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Housing (Scotland) Act 2006

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SCHEDULE 2S [F1The First-Tier Tribunal]: procedure etc.

(introduced by section 22)

This schedule has no associated Explanatory Notes
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Amendments (Textual)

Notification of referralS

1(1)[F2On receipt of a referral of a tenant’s application under section 23(1) the First-tier Tribunal] must, as soon as practicable after receiving the reference, serve notice on the landlord and the tenant—S

(a)setting out the detail of the application in such manner as the [F3First-tier Tribunal thinks] fit,

[F4(b)stating that the Chamber President has referred the application to be heard by the First-tier Tribunal, and]

(c)specifying the day by which any—

(i)written representations, or

(ii)request to make oral representations,

must be made.

(2)The day so specified—

(a)must be at least 14 days after the day on which the notice is served, and

(b)may, at the request of [F5the landlord or the tenant] , be changed to such later day as the [F6First-tier Tribunal thinks] fit.

(3)The [F7First-tier Tribunal] must notify [F8the landlord and the tenant] of any change under sub-paragraph (2)(b).

[F9(4)In the case of an application under section 22(1A), the [F10First-tier Tribunal] must, in addition to carrying out the matters mentioned in sub-paragraphs (1) to (3)—

(a)serve on the third party applicant a notice containing the matters mentioned in sub-paragraph (1)(a) to (c),

(b)if the [F10First-tier Tribunal] thinks fit following a request of the third party applicant, change the day specified for the purposes of sub-paragraph (1)(c),

(c)notify—

(i)the third party applicant of any change under sub-paragraph (2)(b),

(ii)the landlord and the tenant of any change under paragraph (b).]

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Amendments (Textual)

F5Words in sch. 2 para. 1(2) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(1)(b), 104(3); S.S.I. 2015/272, art. 2, Sch.

F8Words in sch. 2 para. 1(3) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(1)(c), 104(3); S.S.I. 2015/272, art. 2, Sch.

InquiriesS

2(1)The [F11First-tier Tribunal] may, in considering an application, make such inquiries as [F12it thinks] fit for the purposes of determining whether the landlord has complied with the duty imposed by section 14(1)(b) in relation to the house concerned.S

(2)Inquiries may be made about matters other than those to which the application relates.

(3)Inquiries must include—

(a)consideration of any timeous written representation made by or on behalf of the landlord [F13, the tenant or, as the case may be, third party applicant] ,

(b)where the [F14First-tier Tribunal] receives a timeous request to make an oral representation, hearing any such representation made by or on behalf of the landlord [F15, tenant or, as the case may be, third party applicant] who made the request, and

(c)consideration of any report about the state of repair of the house concerned which the [F14First-tier Tribunal] requests a third party to prepare.

(4)A representation or request is timeous if it is received—

(a)by the day specified [F16in accordance with] paragraph 1(1)(c), or

(b)where a later day is specified [F17in accordance with paragraph 1(2)(b) or (4)(b)] , by that later day.

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Amendments (Textual)

F13Words in sch. 2 para. 2(3)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(a), 104(3); S.S.I. 2015/272, art. 2, sch.

F15Words in sch. 2 para. 2(3)(b) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(b), 104(3); S.S.I. 2015/272, art. 2, sch.

F16Words in sch. 2 para. 2(4)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(c), 104(3); S.S.I. 2015/272, art. 2, sch.

F17Words in sch. 2 para. 2(4)(b) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(2)(d), 104(3); S.S.I. 2015/272, art. 2, sch.

EvidenceS

3(1)The [F18First-tier Tribunal] may, for the purposes of making inquiries, require the landlord, the tenant [F19, third party applicant] or any other person—S

(a)to attend a hearing of the [F18First-tier Tribunal] , at such time and place as the [F18First-tier Tribunal] may specify, for the purposes of giving evidence,

(b)to give the [F18First-tier Tribunal], by such day as [F20it] may specify, such documents or information as [F20it] may reasonably require.

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F19Words in sch. 2 para. 3(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(3), 104(3); S.S.I. 2015/272, art. 2, Sch.

Duty to consult on provision for detecting firesS

4The [F22First-tier Tribunal] must, where the application relates to the standard of repair mentioned in section 13(1)(f), consult the chief officer of the [F23Scottish Fire and Rescue Service].S

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Amendments (Textual)

F23Words in Sch. 2 para. 4 substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 70; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

ExpensesS

5(1)The Scottish Ministers may pay to any person such allowances and expenses as they may determine in respect of—S

(a)the person's attendance at a hearing of [F24the First-tier Tribunal] ,

(b)the disclosure of anything required or requested by [F25the First-tier Tribunal] (including any report about the state of repair of a house which the [F25First-tier Tribunal] requests the person to prepare),

(c)anything else which the person was required or requested to do for the purposes of or in connection with inquiries made by [F26the First-tier Tribunal] .

(2)No such payments may be made to—

(a)the landlord,

(b)the tenant, or

[F27(ba)the third party applicant,]

(c)a representative of the landlord [F28, tenant or third party applicant] ,

other than payments of reasonable travelling expenses in respect of attendance at a hearing of [F29the First-tier Tribunal] .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Sch. 2 para. 5(2)(ba) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(4)(a), 104(3); S.S.I. 2015/272, art. 2, Sch.

F28Words in sch. 2 para. 5(2)(c) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(4)(b), 104(3); S.S.I. 2015/272, art. 2, Sch.

Recording and notification of decisionsS

6(1)This paragraph applies to any decision of [F30the First-tier Tribunal]S

(a)under section 24(1) (decision on [F31an] application),

(b)to vary or revoke a repairing standard enforcement order (see section 25),

(c)that a landlord has failed to comply with a repairing standard enforcement order (see section 26(1)),

(d)to make or not to make a rent relief order (see section 26(2)(b)),

(e)to revoke a rent relief order (see section 27(4)),

(f)to consent under section 28(6) to the landlord entering into a tenancy or occupancy arrangement,

(g)to grant, or to refuse to grant, a certificate under section 60.

(2)A decision to which this paragraph applies—

(a)may be reached by majority, and

(b)must be recorded in a document which—

(i)contains a full statement of the facts found by the [F32the First-tier Tribunal and the reasons for its] decision,

(ii)explains the procedure, if any, for appealing the decision, and

(iii)narrates the effect of section 63 (which sets the date from which the decision, and any order made or varied in pursuance of it, has effect).

(3)The [F33First-tier Tribunal] must, as soon as reasonably practicable after making a decision to which this paragraph applies, serve notice of the decision on—

(a)the landlord,

(b)the tenant,

(c)where the [F33First-tier Tribunal] is aware of the name and address of a person who acts for the tenant in relation to the tenant's application, that person, F34...

[F35(d)in the case of an application under section 22(1A), the third party applicant, and

(e)the local authority (unless the local authority is the third party applicant in relation to the decision).]

(4)Such a notice must be accompanied by a copy of—

(a)the document mentioned in sub-paragraph (2)(b),

(b)any order made or varied, or certificate granted, in pursuance of the decision, and

(c)any report which the [F36First-tier Tribunal] considered before making the decision.

(5)The local authority is entitled to disclose any notice and any copy document, order, certificate or report it receives under this paragraph to—

(a)an authority administering housing benefit [F37or universal credit],

(b)a person providing services relating to housing benefit [F37or universal credit] to, or authorised to discharge any function relating to housing benefit [F37or universal credit] of—

(i)a local authority, or

(ii)an authority administering housing benefit [F37or universal credit].

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Amendments (Textual)

F31Word in sch. 2 para. 6(1)(a) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(5)(a), 104(3); S.S.I. 2015/272, art. 2, sch.

F34Word in sch. 2 para. 6(3)(c) repealed (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(5)(b), 104(3); S.S.I. 2015/272, art. 2, sch.

F35Sch. 2 para. 6(3)(d)(e) substituted for sch. 2 para. 6(3)(d) (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(5)(c), 104(3); S.S.I. 2015/272, art. 2, sch.

Withdrawal of applicationS

7(1)A tenant may withdraw an application under section 22(1) at any time (and the tenant is to be treated as having withdrawn it if the tenancy concerned is lawfully terminated).S

[F38(1A)A third party applicant may withdraw an application under section 22(1A) at any time.]

(2)Where an application is withdrawn before the [F39Chamber President has referred] the case to [F40the First-tier Tribunal] , the [F41Chamber President] may—

(a)abandon the application, or

(b)despite the withdrawal, continue to refer the case to [F40the First-tier Tribunal] .

(3)Where an application is withdrawn after it has been referred to [F42the First-tier Tribunal, the First-tier Tribunal] may—

(a)abandon [F43its] consideration of the application, or

(b)despite the withdrawal—

(i)continue to determine the application, and

(ii)if [F44it does] so by deciding that the landlord has failed to comply with the duty imposed by section 14(1), make and enforce a repairing standard enforcement order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F38Sch. 2 para. 7(1A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 26(6), 104(3); S.S.I. 2015/272, art. 2, sch.

Procedure: further provision.S

8(1)The Scottish Ministers may by regulations make further provision about the making or determination of applications under section 22(1) [F45and 22(1A)]S

(2)Those regulations may, in particular, provide that matters which are preliminary or incidental to the determination of such an application may be dealt with by any individual member of F46... [F47the First-tier Tribunal] alone.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F45Words in sch. 2 para. 8(1) inserted (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 26(7), 104(3); S.S.I. 2014/264, art. 2, sch.

Commencement Information

I1 Sch. 2 para. 8 not in force at Royal Assent see s. 195(3); Sch. 2 para. 8 in force for certain purposes at 4.12.2006 by S.S.I. 2006/569, art. 2; Sch. 2 para. 8 in force at 3.9.2007 by S.S.I. 2007/270, {art. 3 Table}

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