(1)It is for the [F1First-tier Tribunal] to decide whether a property factor has failed to comply with a property factor enforcement order made by the [F2First-tier Tribunal] .
(2)Where the [F3First-tier Tribunal] [F4decides] that a property factor has failed to comply with the property factor enforcement order, the [F3First-tier Tribunal] must serve notice of the failure on the Scottish Ministers.
(3)The [F5First-tier Tribunal] may not decide that a property factor has failed to comply with a property factor enforcement order––
(a)unless the period within which the order requires any work to be executed has ended, or
(b)if the [F6First-tier Tribunal is] satisfied, on the submission of the property factor or otherwise––
(i)that the property factor is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(ii)that any action required by the order is likely to endanger any person.
(4)Where the [F7First-tier Tribunal is] prevented by reason only of subsection (3)(b) from deciding that a property factor has failed to comply with a property factor enforcement order, the [F8First-tier Tribunal] must serve notice on the Scottish Ministers stating that [F9it considers] the property factor to be unable to comply with the property factor enforcement order.
Textual Amendments
F1Words in s. 23(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(a)(i) (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 Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(a)(ii) (with sch. 1 para. 5)
F3Words in s. 23(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(b)(i) (with sch. 1 para. 5)
F4Word in s. 23(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(b)(ii) (with sch. 1 para. 5)
F5Words in s. 23(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(c)(i) (with sch. 1 para. 5)
F6Words in s. 23(3)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(c)(ii) (with sch. 1 para. 5)
F7Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(d)(i) (with sch. 1 para. 5)
F8Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(d)(ii) (with sch. 1 para. 5)
F9Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(d)(iii) (with sch. 1 para. 5)
Commencement Information
I1S. 23 in force at 1.10.2012, see s. 33(2)
(1)A person who, without reasonable excuse, fails to comply with a property factor enforcement order commits an offence.
(2)For the purposes of subsection (1), a person has reasonable excuse for failing to comply with a property factor enforcement order if––
(a)the person is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(b)any action required by the order is likely to endanger any person.
(3)Subsection (2) does not affect the generality of the defence of reasonable excuse.
(4)A person cannot be guilty of an offence under subsection (1) unless the [F10First-tier Tribunal] which made the property factor enforcement order in question [F10has] decided under section 23(1) that the property factor has failed to comply with it (but such a decision does not establish a presumption that the person has committed an offence under subsection (1)).
(5)A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F10Words in s. 24(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 12 (with sch. 1 para. 5)
Commencement Information
I2S. 24 in force at 1.10.2012, see s. 33(2)