Search Legislation

The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Housing (Scotland) Act 2006

This section has no associated Policy Notes

6.—(1) The Housing (Scotland) Act 2006(1) is amended as follows.

(2) Section 21 (naming of panel and re-naming of committees) is omitted.

(3) In section 23(1)(a) (referral to private rented housing committee), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(4) In section 24 (determination by private rented housing committee)—

(a)in subsection (1), for the words from “private rented housing committee” to “must” substitute “First-tier Tribunal, must in relation to an application under section 22(1) or (1A)”;

(b)in subsection (2)—

(i)for “committee decide” substitute “First-tier Tribunal decides”; and

(ii)for “they” substitute “it”;

(c)in subsection (4) for “committee reasonably consider” substitute “First-tier Tribunal reasonably considers”;

(d)in subsection (5), for “committee require” substitute “First-tier Tribunal requires”;

(e)in subsection (6)—

(i)for “committee are” substitute “First-tier Tribunal is”;

(ii)for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(iii)for “they consider” substitute “it considers”; and

(f)in subsection (7)(a), for “committee” substitute “First-tier Tribunal”.

(5) The title of section 24 becomes “Determination by the First-tier Tribunal”.

(6) In section 25 (variation and revocation of repairing standard enforcement orders)—

(a)in subsection (1)—

(i)for “The private rented housing committee which made a repairing standard enforcement order” substitute “Where the First-tier Tribunal has made a repairing standard enforcement order, it”; and

(ii)for “they consider” in both places where it occurs substitute “it considers”;

(b)in subsection (2)—

(i)in the opening words, for “committee” substitute “First-tier Tribunal”; and

(ii)in paragraph (b), for “they think” substitute “it thinks”; and

(c)in subsection (3)—

(i)in paragraph (a), for “committee consider” substitute “First-tier Tribunal considers”; and

(ii)in paragraph (b)—

(aa)for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(bb)in sub-paragraph (i), for “consider”, substitute “considers”; and

(cc)in sub-paragraph (ii), for “have” substitute “has”.

(7) In section 26 (effect of failure to comply with repairing standard enforcement order)—

(a)in subsection (1)—

(i)for “private rented housing committee” substitute “First-tier Tribunal”; and

(ii)for “committee” where it subsequently occurs substitute “First-tier Tribunal”;

(b)in subsection (2)—

(i)for “committee decide” substitute “First-tier Tribunal decides”; and

(ii)for “committee” where it subsequently occurs substitute “First-tier Tribunal”;

(c)in subsection (3)—

(i)in the opening words, for “committee” substitute “First-tier Tribunal”; and

(ii)in paragraph (b), for “committee are” substitute “First-tier Tribunal is”;

(d)in subsection (4)—

(i)for “committee are” substitute “First-tier Tribunal is”;

(ii)for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(iii)for “they consider” substitute “it considers”.

(8) In section 27 (rent relief orders)—

(a)in subsection (1), for “a private rented housing committee” substitute “the First-tier Tribunal”;

(b)in subsection (2)—

(i)for “A private rented housing committee” substitute “The First-tier Tribunal”; and

(ii)for “they have” substitute “it has”; and

(c)in subsection (4), for “committee” in both places that it occurs substitute “First-tier Tribunal”.

(9) In section 28 (the repairing standard: offences)—

(a)in subsection (4), for “private rented housing committee which made the repairing standard enforcement order in question” substitute “First-tier Tribunal”; and

(b)in subsection (6), for “private rented housing committee which made the order” substitute “First-tier Tribunal”.

(10) In section 36(1) (carrying out of work by local authority: repairing standard), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(11) In section 60 (certification)—

(a)in subsection (2)(b), for “private rented housing committee which made the order.” substitute “First-tier Tribunal.”;

(b)in subsection (4), for “committee” substitute “First-tier Tribunal”; and

(c)in subsection (5)—

(i)in the opening words, for “A private rented housing committee may, of their” substitute “The First-tier Tribunal may, of its”;

(ii)in paragraph (a), for “they have” substitute “it has”;

(iii)in paragraph (b), for “they are” substitute “it is”; and

(iv)in the closing words, for “committee may not exercise their” substitute “First-tier Tribunal may not exercise its”.

(12) In section 61 (registration)—

(a)in sub-section (1)(c), for “a private rented housing committee” substitute “the First-tier Tribunal”; and

(b)in subsection (2), for “private rented housing committee which made the repairing standard enforcement order concerned” substitute “First-tier Tribunal”.

(13) In section 63 (date of operation of notices, orders etc.), in subsection (8)(a)—

(a)after “determination” insert “or Upper Tribunal’s decision”; and

(b)after “sheriff” insert “or Upper Tribunal”.

(14) In section 64 (Part 1 appeals)—

(a)in subsection (4)—

(i)in the opening words, for “by a private rented housing committee” substitute “of the First-tier Tribunal”;

(ii)in paragraph (a), for “(decision on an application)” substitute “(determination by the First-tier Tribunal)”; and

(iii)in the closing words, for “may appeal to the sheriff within 21” substitute “may seek permission to appeal on a point of law only from the First-tier Tribunal within 30”.

(b)in subsection (4A)—

(i)in the opening words, for “by a private rented housing committee” substitute “of the First-tier Tribunal”; and

(ii)in the closing words, for “may appeal to the sheriff within 21” substitute “may seek permission to appeal on a point of law only from the First-tier Tribunal within 30”;

(c)in subsection (5)—

(i)for “appeal to the sheriff” substitute “seek permission to appeal on a point of law only from the First-tier Tribunal”;

(ii)for “21” substitute “30”; and

(d)for subsection (7) substitute—

(7) On cause shown—

(a)in the case of an appeal under subsections (1) and (6), the sheriff may hear an appeal after the deadline set by the relevant subsection, and

(b)in the case of an appeal under subsections (4), (4A) or (5), the Upper Tribunal may hear an appeal after the deadline set by the relevant subsection..

(15) In section 65 (Part 1 appeals: determination)—

(a)in subsection (2)—

(i)in the opening words, for “sheriff” substitute “Upper Tribunal”; and

(ii)paragraph (b)—

(aa)for “sheriff’s” substitute Upper Tribunal’s”; and

(bb)for “committee” substitute “First-tier Tribunal”; and

(b)in subsection (5), after “sheriff’s determination” insert “or Upper Tribunal’s decision”.

(16) In section 66 (Part 1 appeals: procedure etc.)—

(a)in subsection (1), for “section 64” substitute “section 64(1) or (6)”; and

(b)in subsection (4), for “section 64” substitute “section 64(1) or (6)”.

(17) Section 67 (adaptations: power to change method of appeal) is omitted.

(18) In section 181 (rights of entry: general)—

(a)in subsection (2)—

(i)for “a private rented housing committee” substitute “the First-tier Tribunal”; and

(ii)for “committee” in each place where it subsequently occurs substitute “First-tier Tribunal”;

(b)in subsection (6), for “committee” substitute “First-tier Tribunal”.

(19) In section 194 (interpretation)—

(a)in subsection (1)—

(i)after the definition of “disabled person” insert—

“First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber,; and

(ii)the definition of “private rented housing committee” is omitted; and

(b)subsection (5) is omitted.

(20) Schedule 2 (private rented housing committees: procedure etc.) is amended as follows—

(a)in the schedule heading, for “PRIVATE RENTED HOUSING COMMITTEES” substitute “THE FIRST-TIER TRIBUNAL”;

(b)in paragraph 1—

(i)in sub-paragraph (1)—

(aa)in the opening words, for the words from “The private” to “23(1)” substitute “On receipt of a referral of a tenant’s application under section 23(1) the First-tier Tribunal”; and

(bb)in paragraph (a), for “committee think” substitute “First-tier Tribunal thinks”;

(ii)in sub-paragraph (2)(b) for “committee think” substitute “First-tier Tribunal thinks”;

(iii)in sub-paragraph (3), for “committee” substitute “First-tier Tribunal”; and

(iv)in sub paragraph (4), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(c)in paragraph 2—

(i)in sub-paragraph (1)—

(aa)for “committee” substitute “First-tier Tribunal”; and

(bb)for “they think” substitute “it thinks”;

(ii)in sub-paragraph (3), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(d)in paragraph 3—

(i)in sub-paragraph (1)—

(aa)for “committee” in each place that it occurs substitute “First-tier Tribunal”; and

(bb)for “they” substitute “it”; and

(ii)sub-paragraphs (2),(3) and (4) are omitted;

(e)in paragraph 4, for “committee” substitute “First-tier Tribunal”;

(f)in paragraph 5—

(i)in sub-paragraph (1)—

(aa)in paragraph (a), for “any private rented housing committee” substitute “the First-tier Tribunal”;

(bb)in paragraph (b), for “a committee” substitute “the First-tier Tribunal” and for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(cc)in paragraph (c), for “a committee” substitute “the First-tier Tribunal”; and

(ii)in sub-paragraph (2), in the closing words, for “any private rented housing committee” substitute “the First-tier Tribunal”;

(g)in paragraph 6—

(i)in sub-paragraph (1), for “a private rented housing committee” substitute “the First-tier Tribunal”;

(ii)in sub-paragraph (2)(b)(i), for “committee and the reasons for their” substitute “the First-tier Tribunal and the reasons for its”;

(iii)in sub-paragraph (3), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(iv)in sub-paragraph (4)(c), for “committee” substitute “First-tier Tribunal”;

(h)in paragraph 7—

(i)in sub-paragraph (2) for “a private rented housing committee” in both places that it occurs substitute “the First-tier Tribunal”;

(ii)in sub-paragraph (3)—

(aa)for “a private rented housing committee, the committee” substitute “the First-tier Tribunal, the First-tier Tribunal”;

(bb)in paragraph (a), for “their” substitute “its”; and

(cc)in paragraph (b)(ii), for “they do” substitute “it does”; and

(i)in paragraph 8(2), for “a private rented housing committee” substitute “the First-tier Tribunal”.

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

Opening Options

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

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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 made 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