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The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

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This is the original version (as it was originally made).

Decisions of the First-tier Tribunal

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26.—(1) Where there are two or more members, the decision of the First-tier Tribunal, must be made by majority but in the event of a tie, the chairing member has a casting vote.

(2) Where the decision is made without a hearing, the one member of the First-tier Tribunal making the decision in accordance with rule 18 is deemed to be the chairing member for the purposes of this rule.

(3) The decision must be recorded in a document signed by the chairing member.

(4) In relation to applications mentioned in Part 2 and Chapters 2, 3, 5 and 7 of Part 3 of these Rules, a statement of reasons must be prepared by the chairing member with the assistance of the other members of the First-tier Tribunal (if any).

(5) Paragraph (4) does not apply where the First-tier Tribunal makes a decision which relates to—

(a)correcting or reviewing a decision made by the First-tier Tribunal; or

(b)a preliminary issue dealt with following a direction under rule 16(3)(d)(i).

(6) In relation to applications mentioned in Chapters 4, 6 and 8 to 12 of Part 3 of these Rules, a statement of reasons may be prepared by the chairing member with the assistance of the other members of the First-tier Tribunal (if any) who conducted the hearing.

(7) If the First-tier Tribunal does not provide written reasons for a decision in relation to an application mentioned in paragraph (6), a party may request written reasons within 14 days of the date of issue of the decision and the First-tier Tribunal must provide these.

(8) Where the decision of the First-tier Tribunal is not unanimous, the chairing member must give a brief note of the opinion of the minority.

(9) In the absence or incapacity of the chairing member, the chairing member’s functions under this rule may be carried out by another member of the First-tier Tribunal conducting the hearing.

(10) A decision of the First-tier Tribunal with a statement of reasons (if prepared) or note given under paragraph (8) must be published.

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