- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
61.—(1) Where the assured tenancy reference is to be subject to a hearing, the First-tier Tribunal shall take all reasonable steps to ensure that there is supplied to each of the parties before the date of the hearing—
(a)a copy of, or sufficient extracts from, or particulars of, each document relevant to the reference which has been received from a party (other than a document which is already in the possession of the party or of which the party has previously been supplied with a copy); and
(b)a copy of each document which embodies results of enquiries made by or for the First-tier Tribunal for the purposes of that reference, or which contains relevant information in relation to rents or other tenancy terms previously determined for other houses and which has been prepared for the First-tier Tribunal for the purposes of that reference.
(2) At a hearing where—
(a)a document relevant to the reference is not in the possession of a party present at the hearing; and
(b)that party has not been supplied with a copy of, or relevant extracts from, or particulars of, the document by the First-tier Tribunal in accordance with the provisions of paragraph (1) of this rule, then unless—
(i)the party consents to the continuation of the hearing; or
(ii)the First-tier Tribunal consider that the party has a sufficient opportunity of dealing with the document without an adjournment of the hearing,
the First-tier Tribunal shall not consider the document until after it has adjourned the hearing for a period which it considers will afford the party a sufficient opportunity of dealing with the document.
(3) Where a reference is not to be subject to a hearing, the First-tier Tribunal shall supply to each of the parties a copy of, or sufficient extracts from, or particulars of, each such document as is mentioned in paragraph (1)(a) of this rule (other than a document excepted from that paragraph) and a copy of each such document as is mentioned in paragraph (1)(b) of this rule, and it shall not reach its decision until it is satisfied that each party has been given a sufficient opportunity of commenting upon each document of which a copy or from which extracts or of which particulars has or have been so supplied, and upon the other party’s case.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: