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Housing (Scotland) Act 2014

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SCHEDULE 1Transfer of jurisdiction to First-tier Tribunal

(introduced by sections 16 to 19)

This schedule has no associated Explanatory Notes

PART 1Regulated tenancies, Part VII contracts and assured tenancies

Rent (Scotland) Act 1984 (c.58)

1The Rent (Scotland) Act 1984 is amended as follows.

2In section 7(2), for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.

3In section 11—

(a)in subsection (1)—

(i)for “a court” substitute “the First-tier Tribunal”,

(ii)for “the court”, in each place it occurs, substitute “the Tribunal”,

(b)in subsection (2), for “court” substitute “First-tier Tribunal”.

4In section 12—

(a)in subsection (1), for “a court” substitute “the First-tier Tribunal”,

(b)in subsection (2), for “court”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”,

(c)in subsection (3), for “court” substitute “First-tier Tribunal”,

(d)in subsection (4), for “court” substitute “First-tier Tribunal”.

5In section 19(1), for “a court” substitute “the First-tier Tribunal”.

6In section 21, for “court”, where it first occurs substitute, “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.

7In section 23(1), for “court” substitute “First-tier Tribunal”.

8In section 24—

(a)in subsection (3), for “court”, where it first occurs, substitute “First-tier Tribunal” and, in every other place it occurs, substitute “Tribunal”,

(b)in subsection (4), for “court”, where it first occurs, substitute “First-tier Tribunal” and, in every other place it occurs, substitute “Tribunal”,

(c)in subsection (5), for “court” substitute “First-tier Tribunal”,

(d)in subsection (6), for “court” substitute “First-tier Tribunal”,

(e)in subsection (7), for “court”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”,

(f)in subsection (8), for “court”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.

9In section 25(1), the definition of “the court” is repealed.

10In section 26, for “court”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.

11Section 27 is repealed.

12In section 31(2)—

(a)for “sheriff” substitute “First-tier Tribunal”,

(b)in paragraph (b), for “sheriff” substitute “First-tier Tribunal”.

13In section 32—

(a)in subsection (4), for “sheriff”, in each place it occurs, substitute “First-tier Tribunal”,

(b)in subsection (5), for “sheriff” substitute “First-tier Tribunal”.

14In section 35(12), after “court” insert “or tribunal”.

15In section 39—

(a)for “a court” substitute “the First-tier Tribunal”,

(b)for “the court”, in both places it occurs, substitute “the Tribunal”,

(c)for “direct the clerk of court to correct” substitute “order the correction of”.

16In section 43B(4)(b), after “court” insert “or tribunal”.

17In section 45(3), after “court” insert “or tribunal”.

18In section 60(3)—

(a)for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”,

(b)the words from “and” to the end are repealed.

19In section 64(6)(b), for “sheriff, on a summary application” substitute “First-tier Tribunal, on an application”.

20In section 75—

(a)for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, in each subsequent place it occurs, substitute “Tribunal”,

(b)the title becomes “Power of First-tier Tribunal, in action for possession, to reduce period of notice to quit”.

21In section 76—

(a)in subsection (2), for “sheriff may, if he thinks fit,” substitute “First-tier Tribunal may”,

(b)in subsection (3), for “sheriff” substitute “Tribunal”.

22In section 77, for “sheriff court” substitute “First-tier Tribunal”.

23In section 97—

(a)in subsection (8), for “sheriff” in both places it occurs substitute “First-tier Tribunal”,

(b)in subsection (9), for “sheriff” substitute “First-tier tribunal”.

24In section 102—

(a)before subsection (1) insert—

(A1)The First-tier Tribunal has jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the application of this Act (other than Part IX) or as to any matter which is or may become material for determining any such question.,

(b)in subsection (1), before “this Act” insert “Part IX of”,

(c)subsection (2) is repealed,

(d)in subsection (3), for “sheriff” substitute “First-tier Tribunal”.

25In section 103, leave out subsections (1) and (2) and insert—

An application to the sheriff under section 93(1) is to be made by way of summary application..

26In section 104, before “this Act” insert “Part IX of”.

27In section 115(1), after the definition of “converted tenancy” insert—

  • “First-tier Tribunal” means the First-tier Tribunal for Scotland;.

28In Schedule 1—

(a)in paragraph 3, for “sheriff” substitute “First-tier Tribunal”,

(b)in paragraph 7, for “sheriff” substitute “First-tier Tribunal”.

29In Schedule 1A—

(a)in paragraph 3, for “sheriff” substitute “First-tier Tribunal”,

(b)in paragraph 6, for “sheriff” substitute “First-tier Tribunal”.

30In paragraph 3 of Schedule 1B, for “sheriff” substitute “First-tier Tribunal”.

31In Schedule 2—

(a)in Cases 3, 4, 5, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20 and 21, for “court”, in each place it occurs, substitute “First-tier Tribunal”,

(b)in paragraph 1 of Part III—

(i)for “a court” substitute “the First-tier Tribunal”,

(ii)for “the court” substitute “the Tribunal”,

(c)in Part IV—

(i)in paragraph 2, for “court”, in the first place it occurs, substitute “First-tier Tribunal” and, in each subsequent place it occurs, substitute “Tribunal”,

(ii)in paragraph 3(1)(a), for “court” substitute “First-tier Tribunal”,

(d)the title to Part I becomes “Cases in which First-tier Tribunal may order possession”,

(e)the title to Part II becomes “Cases in which First-tier Tribunal must order possession where dwelling-house subject to regulated tenancy”.

Housing (Scotland) Act 1988 (c.43)

32The Housing (Scotland) Act 1988 is amended as follows.

33In section 16(2), for “sheriff” substitute “First-tier Tribunal”.

34In section 17(8), for “sheriff” substitute “First-tier Tribunal”.

35In section 18—

(a)in subsection (1), for “sheriff” substitute “First-tier Tribunal”,

(b)in subsection (3)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he” substitute “the Tribunal”,

(c)in subsection (3A)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he” substitute “the Tribunal”,

(d)in subsection (4)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he”, in both places it occurs, substitute “the Tribunal”,

(e)in subsection (4A), for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”,

(f)in subsection (6), for “sheriff” substitute “First-tier Tribunal”,

(g)in subsection (6A), for “sheriff” substitute “First-tier Tribunal”,

(h)in subsection (7), for “sheriff” substitute “First-tier Tribunal”.

36In section 19—

(a)in subsection (1)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)in paragraph (b), for “he” substitute “the Tribunal”,

(b)in subsection (2), for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”,

(c)in subsection (5), for “sheriff” substitute “First-tier Tribunal”.

37In section 20—

(a)in subsection (1)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he” substitute “the Tribunal”,

(b)in subsection (2)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he” substitute “the Tribunal”,

(c)in subsection (3)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he”, in both places it occurs, substitute “the Tribunal”,

(d)in subsection (4)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he” substitute “the Tribunal”,

(e)in subsection (6), for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”,

(f)the title becomes “Extended discretion of First-tier Tribunal in possession claims”.

38In section 21(3)—

(a)for “sheriff” substitute “First-tier Tribunal”,

(b)for “he” substitute “Tribunal”.

39In section 22—

(a)in subsection (1), for “sheriff” substitute “First-tier Tribunal”,

(b)in subsection (2), for “sheriff” substitute “First-tier Tribunal”.

40In section 25(7), for “sheriff” substitute “First-tier Tribunal”.

41In section 28(1), for “sheriff” substitute “First-tier Tribunal”.

42In section 29, for “sheriff”, where it first occurs, substitute “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.

43In section 30(2)—

(a)the word “summary” is repealed,

(b)in the opening words, for “sheriff” substitute “First-tier Tribunal”,

(c)in paragraph (a), for “him” substitute “the Tribunal”,

(d)in paragraph (b), for “he” substitute “the Tribunal”,

(e)in the closing words—

(i)for “sheriff” substitute “Tribunal”,

(ii)for “he” substitute “the Tribunal”.

44In section 33—

(a)in subsection (1)—

(i)for “sheriff” substitute “First-tier Tribunal”,

(ii)for “he” substitute “the Tribunal”,

(b)in subsection (4), for “sheriff” substitute “First-tier Tribunal”.

45In section 36—

(a)after subsection (4) insert—

(4A)Any action to enforce liability arising from this section must be raised in the First-tier Tribunal unless the residential occupant’s claim is founded on the premises in question being subject to a Scottish secure tenancy or to a short Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)).,

(b)in subsection (6)(b), after “sheriff” insert “or First-tier Tribunal”,

(c)in subsection (6B), after “court”, in both places it occurs, insert “or, as the case may be, the First-tier Tribunal”.

46In section 42(1)(c)—

(a)in sub-paragraph (i), for “court”, where it first occurs substitute “First-tier Tribunal”,

(b)in sub-paragraph (ii), for “court”, where it first occurs, substitute “First-tier Tribunal”,

(c)in sub-paragraph (iii), after “possession” insert “the First-tier Tribunal or, as the case may be,”.

47In section 55(1), after the definition of “council tax” insert—

  • “First-tier Tribunal” means the First-tier Tribunal for Scotland;.

48In Schedule 5—

(a)in grounds 1, 2, 5 and 7, for “sheriff”, in each place it occurs, substitute “First-tier Tribunal”,

(b)the title of Part I becomes “Grounds on which First-tier Tribunal must order possession”,

(c)the title of Part II becomes “Grounds on which First-tier Tribunal may order possession”,

(d)in paragraph 2 of Part III—

(i)for “sheriff”, where it first occurs, substitute “First-tier Tribunal”,

(ii)in paragraph (b), for “sheriff” substitute “Tribunal”,

(iii)in the closing words, for “sheriff” substitute “Tribunal”,

(e)in paragraph 3(1)(a) of that Part, for “sheriff” substitute “First-tier Tribunal”.

PART 2Repairing standard

Housing (Scotland) Act 2006 (asp 1)

49The 2006 Act is amended as follows.

50In section 24(7)—

(a)for “sheriff” substitute “First-tier Tribunal”,

(b)in paragraph (a), for “sheriff’s” substitute “Tribunal’s”.

51In section 194, after the definition of “disabled person” insert—

  • “First-tier Tribunal” means the First-tier Tribunal for Scotland,.

PART 3Right to adapt rented houses

Housing (Scotland) Act 2006 (asp 1)

52The 2006 Act is amended as follows.

53In section 64—

(a)subsection (6) is repealed,

(b)in subsection (7), for “(5) or, as the case may be, (6)” substitute “or (5)”.

54Subsections (3) and (4) of section 65 are repealed.

55Section 67 is repealed.

PART 4Landlord registration

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

56The 2004 Act is amended as follows.

57In section 92—

(a)subsection (4) is repealed,

(b)in subsection (5)—

(i)for “sheriff”, where it first occurs, substitute “First-tier Tribunal”,

(ii)the words “shall be made to the sheriff principal and” are repealed,

(c)in subsection (6), for “sheriff principal” substitute “Upper Tribunal”.

58In section 92ZA—

(a)in subsection (1)(b)—

(i)in sub-paragraph (i), for “sheriff” substitute “First-tier Tribunal”,

(ii)in sub-paragraph (ii), for “sheriff” substitute “First-tier Tribunal”,

(iii)in sub-paragraph (ii)(A), for “sheriff’s” substitute “First-tier Tribunal’s”,

(iv)in sub-paragraph (ii)(B), for “sheriff principal” substitute “Upper Tribunal”,

(b)in subsection (2)(b)—

(i)in sub-paragraph (i), for “sheriff” substitute “First-tier Tribunal”,

(ii)in sub-paragraph (ii), for “sheriff” substitute “First-tier Tribunal”,

(iii)in sub-paragraph (ii)(A), for “sheriff’s” substitute “First-tier Tribunal’s”,

(iv)in sub-paragraph (ii)(B), for “sheriff principal” substitute “Upper Tribunal”.

59In section 97—

(a)in subsection (6), for “court” substitute “tribunal”,

(b)in subsection (7), for “court” substitute “tribunal”.

60In section 101(1)—

(a)before the definition of “house”, insert—

  • “First-tier Tribunal” means the First-tier Tribunal for Scotland,,

(b)after the definition of “unconnected person”, insert—

  • “Upper Tribunal” means the Upper Tribunal for Scotland,.

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