xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 1The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016

PART 2Procedure in respect of homeowner applications

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

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.