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The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016

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Decisions on section 14 duty and compliance with property factor enforcement orders etc.

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31.—(1) This rule applies to any decision of the First-tier Tribunal under section 19(1), 21(1) or 23(1) of the Act.

(2) Any decision of the First-tier Tribunal—

(a)must be reached by the majority but, where the First-tier Tribunal is constituted by two members, the chairing member has the decisive vote; and

(b)must be recorded in writing in a document which—

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

(ii)refers to the right of appeal to the Upper Tribunal under section 46(1) of the 2014 Act; and

(iii)is signed by the chairing member (or, in the event of absence or incapacity of the chairing member, by another member of the First-tier Tribunal).

(3) The First-tier Tribunal must, as soon as reasonably practicable, make a decision by giving notice of the decision to the parties.

(4) Such a notice must be accompanied by—

(a)the document mentioned in paragraph (2)(b);

(b)the property factor enforcement order or proposed property factor enforcement order, if any; and

(c)any report which the First-tier Tribunal considered before making the decision.

(5) The decision of the First-tier Tribunal and a statement of reasons are to be made publicly available.

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