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Housing (Scotland) Act 2006
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Housing (Scotland) Act 2006, Section 23 is up to date with all changes known to be in force on or before 09 December 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 13(1)(i)(j)(k) inserted by S.S.I. 2019/61 reg. 3(2)(d)
23[F1Consideration of applications]S
This section has no associated Explanatory Notes
(1)[F2The Chamber President] must decide whether to—
(a)refer an application under section 22(1) [F3or 22(1A)] to [F4the First-tier Tribunal] , or
(b)reject the application.
(2)The [F5Chamber President] may reject an application only if the [F5Chamber President] considers—
(a)that it is vexatious or frivolous,
(b)where the tenant [F6or third party applicant] has previously made an identical or substantially similar application in relation to the same house, that there has not been a reasonable period of time between the applications, or
(c)that the dispute to which the application relates has been resolved.
(3)The [F7Chamber President] must make a decision under subsection (1)—
(a)within 14 days of the [F8First-tier Tribunal’s] receipt of the application concerned, or
(b)where the [F9Chamber President] considers—
(i)that the decision cannot be made without further information, or
(ii)that there is a reasonable prospect of the dispute being resolved by the parties,
by such later date as the [F10Chamber President] considers reasonable.
(4)The [F11Chamber President] must, as soon as practicable after rejecting an application [F12under section 22(1)] give notice of the rejection—
(a)to the tenant, and
(b)where the [F11Chamber President] is aware of the name and address of a person who acts for the tenant in relation to the application, to that person.
[F13(4A)The [F14Chamber President] must, as soon as practicable after rejecting an application under section 22(1A) give notice of the rejection to—
(a)the third party applicant, and
(b)the tenant.]
(5)[F15A notice under subsection (4) or (4A)] must—
(a)set out the reasons for the rejection, and
(b)explain the procedure for appealing against it.
Textual Amendments
F1S. 23 heading substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(5) (with sch. 1 para. 5)
F2Words in s. 23(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(a) (with sch. 1 para. 5)
F3Words in s. 23(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(a), 104(3); S.S.I. 2015/349, art. 3, sch.
F4Words in s. 23(1)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(3) (with sch. 1)
F5Words in s. 23(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(b) (with sch. 1 para. 5)
F6Words in s. 23(2)(b) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(b), 104(3); S.S.I. 2015/349, art. 3, sch.
F7Words in s. 23(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(c)(i) (with sch. 1 para. 5)
F8Words in s. 23(3)(a) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(c)(ii) (with sch. 1 para. 5)
F9Words in s. 23(3)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(c)(iii) (with sch. 1 para. 5)
F10Words in s. 23(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(c)(iv) (with sch. 1 para. 5)
F11Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(d) (with sch. 1 para. 5)
F12Words in s. 23(4) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(c), 104(3); S.S.I. 2015/349, art. 3, sch.
F13S. 23(4A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(d), 104(3); S.S.I. 2015/349, art. 3, sch.
F14Words in s. 23(4A) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016 (S.S.I. 2016/338), reg. 1(2), sch. 2 para. 2(4)(e) (with sch. 1 para. 5)
F15Words in s. 23(5) substituted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(4)(e), 104(3); S.S.I. 2015/349, art. 3, sch.
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