Search Legislation

Housing (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1Transfer of jurisdiction to First-tier Tribunal

(introduced by sections 16 to 19)

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9In section 25(1), the definition of “the court” is repealed.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11Section 27 is repealed.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,.

SCHEDULE 2Minor and consequential amendments

(introduced by section 103)

Local Government, Planning and Land Act 1980 (c.65)

1Section 156(4) of the Local Government, Planning and Land Act 1980 is repealed.

Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)

2Section 13(11) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 is repealed.

Rent (Scotland) Act 1984 (c.58)

3In Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984—

(a)the word “either” is repealed,

(b)paragraph (b) and the word “or” immediately preceding it are repealed.

Housing (Scotland) Act 1987 (c.26)

4(1)The 1987 Act is amended as follows.

(2)In section 19 of the 1987 Act—

(a)in subsection (1), for “local authority or a registered social landlord” substitute “social landlord”,

(b)in subsection (2)—

(i)for “housing provider” substitute “social landlord”,

(ii)for “housing providers” substitute “social landlords”,

(c)for subsection (3) substitute—

(3)In this Part, “social landlord” means any local authority or any registered social landlord..

(3)In section 20(2)—

(a)for “local authority and a registered social landlord” substitute “social landlord”,

(b)in paragraph (b), after sub-paragraph (ii) insert—

(iia)that a dissolution of a civil partnership or a decree of separation of civil partners be obtained, or.

(4)In section 21(3), paragraph (ia) and the word “and” at the end of that paragraph are repealed.

(5)In section 24(5)(d), for “or 2” substitute “, 2 or 2A”.

(6)In section 31(5)(c), for “or 2” substitute “, 2 or 2A”.

(7)In section 82—

(a)the words “this Part and in” are repealed, and

(b)the definitions of “application to purchase”, “heritable proprietor”, “housing co-operative”, “offer to sell”, “police authority” and “secure tenancy” are repealed.

(8)The title to section 82 becomes “Interpretation of sections 14, 19 and 20”.

(9)In section 338(1)—

(a)in the definition of “house”, the words “(except in relation to Part XIV)” are repealed,

(b)the definition of “secure tenancy” is repealed.

Housing (Scotland) Act 1988 (c.43)

5(1)The Housing (Scotland) Act 1988 is amended as follows.

(2)In section 42(1)(d), the words “or in pursuance of section 282(3)(b) of that Act (grant of a tenancy upon acquisition by public sector authority of defective dwelling)” are repealed.

(3)Paragraph 7 of Schedule 2 is repealed.

(4)Paragraphs 19 to 26 of Schedule 7 are repealed.

Local Government and Housing Act 1989 (c.42)

6Section 166(1) to (5) of the Local Government and Housing Act 1989 is repealed.

Leasehold Reform, Housing and Urban Development Act 1993 (c.28)

7Section 156 of the Leasehold Reform, Housing and Urban Development Act 1993 is repealed.

Local Government etc. (Scotland) Act 1994 (c.39)

8Paragraph 152(6) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 is repealed.

Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)

9Paragraph 48(3) of schedule 12 to the Abolition of Feudal Tenure etc. (Scotland) Act 2000 is repealed.

Housing (Scotland) Act 2001 (asp 10)

10(1)The 2001 Act is amended as follows.

(2)In section 5(4)(a), for “or 2” substitute “, 2 or 2A”.

(3)Section 23(6)(d) is repealed.

(4)Sections 42 to 51 are repealed.

(5)In schedule 10—

(a)paragraph 13(3)(c)(ii) is repealed,

(b)paragraph 13(6) to (20) is repealed,

(c)paragraph 13(36) to (40) is repealed.

Water Industry (Scotland) Act 2002 (asp 3)

11Paragraph 18(5) of schedule 7 to the Water Industry (Scotland) Act 2002 is repealed.

Scottish Public Services Ombudsman Act 2002 (asp 11)

12Paragraph 44 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 is repealed.

Freedom of Information (Scotland) Act 2002 (asp 13)

13(1)The Freedom of Information (Scotland) Act 2002 is amended as follows.

(2)In schedule 1, after paragraph 18A insert—

18BThe Scottish Housing Regulator..

(3)Paragraph 85B of schedule 1 is repealed.

Land Reform (Scotland) Act 2003 (asp 2)

14(1)The Land Reform (Scotland) Act 2003 is amended as follows.

(2)Section 40(4)(g)(v) is repealed.

(3)Section 65(2)(d) is repealed.

(4)Section 84(2)(c) is repealed.

Agricultural Holdings (Scotland) Act 2003 (asp 11)

15Section 27(1)(g)(vi) of the Agricultural Holdings (Scotland) Act 2003 is repealed.

Fire (Scotland) Act 2005 (asp 5)

16Paragraph 13 of schedule 3 to the Fire (Scotland) Act 2005 is repealed.

Housing (Scotland) Act 2006 (asp 1)

17In section 22 of the 2006 Act—

(a)subsection (4)(c) is repealed, and

(b)subsection (6) is repealed.

Housing (Scotland) Act 2010 (asp 17)

18(1)The 2010 Act is amended as follows.

(2)In section 58(1), for “the” where it secondly occurs substitute “a”.

(3)Section 108(1)(f) is repealed.

(4)In section 110(1), after paragraph (a) insert—

(aa)the proposed disposal is not by way of granting security over the land or any interest in it,.

(5)In section 124, for “122” substitute “121”.

(6)Sections 140 to 144 are repealed.

(7)In schedule 2—

(a)paragraph 3(4) is repealed,

(b)paragraph 9 is repealed.

Police and Fire Reform (Scotland) Act 2012 (asp 8)

19Paragraph 56 of schedule 7 to the Police and Fire Reform (Scotland) Act 2012 is repealed.

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 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

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

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