- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Property Factors (Scotland) Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)The president of the homeowner housing panel must decide whether to––
(a)refer an application under section 17(1) to a homeowner housing committee, or
(b)reject the application.
(2)The president may reject an application only if the president considers––
(a)that it is vexatious or frivolous,
(b)that the homeowner has not afforded the property factor a reasonable opportunity to resolve the dispute,
(c)where the homeowner has previously made an identical or substantially similar application in relation to the same property, that a reasonable period of time has not elapsed between the applications, or
(d)that the dispute to which the application relates has been resolved.
(3)The president must make a decision under subsection (1)––
(a)within 14 days of the panel's receipt of the application concerned, or
(b)where the president considers––
(i)that the decision cannot be made without further information, or
(ii)that there is a reasonable prospect of the dispute being resolved by the parties,
by such later date as the president considers reasonable.
(4)The president must, as soon as practicable after rejecting an application, give notice of the rejection––
(a)to the homeowner, and
(b)where the president is aware of the name and address of a person who acts for the homeowner in relation to the application, to that person.
(5)Such a notice must––
(a)set out the reasons for the rejection, and
(b)explain the procedure for appealing against it.
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.
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.
Text created by the Scottish Executive department responsible for the subject matter of the Act 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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: