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

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5.—(1) An application of a party for a review under section 43(2)(b) of the 2014 Act must be made in writing to the First-tier Tribunal within 14 days after the day of the decision and must state on what grounds the decision should be reviewed (whether on the grounds of error of fact or law or both).

(2) If at any stage in the proceedings the First-tier Tribunal is satisfied that an application under paragraph (1) is totally without merit, it may refuse the application by giving notice to the applicant in writing that it has refused the application as totally without merit.

(3) The First-tier Tribunal must send a copy of any application referred to in paragraph (1) to any other party involved in the proceedings within 10 working days after the day of receipt of the application.

(4) A notice of the decision arising from a review referred to in paragraph (1) or from a review at the instance of the First-tier Tribunal itself under section 43(2)(a) of the 2014 Act and reasons for the decision must as soon as reasonably practicable be sent by the First-tier Tribunal to each party.

(5) Where on review of any decision the First-tier Tribunal is considering setting it aside, or setting it aside and re-deciding it (but not in deciding to confirm any decision or correct some minor or accidental error contained in it) it must not set it aside, or set it aside and re-decide it, without first giving each party an opportunity to make representations to it before any decision is made to set it aside, or set it aside and re-decide it.

(6) The members of the First-tier Tribunal making any decision in relation to a review referred to in paragraph (1) or at the instance of First-tier Tribunal itself under section 43(2)(a) of the 2014 Act must as far as reasonably practicable be the same members who made the decision to which the review relates.

(7) The First-tier Tribunal may on cause shown, if in the interests of justice, extend the period of 14 days referred to in paragraph (1).

(8) The 30 days referred to in regulation 2(1) of the Scottish Tribunals (Time Limits) Regulations 2016(1) in respect of an application to the First-tier Tribunal is extended by any review period.

(9) In this rule “review period” means the time period between an application by a party under paragraph (1) for a review or, as the case may be, the First-tier Tribunal’s decision to review a decision at its own instance under section 43(2)(a) of the 2014 Act and the receipt by a party of a notification under paragraph (4).

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