http://www.legislation.gov.uk/id/asp/2014/14

SCHEDULE 1Transfer of jurisdiction to First-tier Tribunal

(introduced by sections 16 to 19)

PART 1Regulated tenancies, Part VII contracts and assured tenancies

Rent (Scotland) Act 1984 (c.58)

I191

The Rent (Scotland) Act 1984 is amended as follows.

I202

In section 7(2), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.

I213

In section 11—

a

in subsection (1)—

i

for “a court” substitute “ the First-tier Tribunal ”,

ii

for “the court”, in each place it occurs, substitute “ the Tribunal ”,

b

in subsection (2), for “court” substitute “ First-tier Tribunal ”.

I224

In section 12—

a

in subsection (1), for “a court” substitute “ the First-tier Tribunal ”,

b

in subsection (2), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,

c

in subsection (3), for “court” substitute “ First-tier Tribunal ”,

d

in subsection (4), for “court” substitute “ First-tier Tribunal ”.

I235

In section 19(1), for “a court” substitute “ the First-tier Tribunal ”.

I246

In section 21, for “court”, where it first occurs substitute, “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.

I657

In section 23(1), for “court” substitute “ First-tier Tribunal ”.

I258

In section 24—

a

in subsection (3), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, in every other place it occurs, substitute “ Tribunal ”,

b

in subsection (4), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, in every other place it occurs, substitute “ Tribunal ”,

c

in subsection (5), for “court” substitute “ First-tier Tribunal ”,

d

in subsection (6), for “court” substitute “ First-tier Tribunal ”,

e

in subsection (7), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,

f

in subsection (8), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.

9

In section 25(1), the definition of “the court” is repealed.

I2610

In section 26, for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.

I2711

Section 27 is repealed.

I2812

In section 31(2)—

a

for “sheriff” substitute “ First-tier Tribunal ”,

b

in paragraph (b), for “sheriff” substitute “ First-tier Tribunal ”.

I2913

In section 32—

a

in subsection (4), for “sheriff”, in each place it occurs, substitute “ First-tier Tribunal ”,

b

in subsection (5), for “sheriff” substitute “ First-tier Tribunal ”.

I3014

In section 35(12), after “court” insert “ or tribunal ”.

I3115

In section 39—

a

for “a court” substitute “ the First-tier Tribunal ”,

b

for “the court”, in both places it occurs, substitute “ the Tribunal ”,

c

for “direct the clerk of court to correct” substitute “ order the correction of ”.

I3216

In section 43B(4)(b), after “court” insert “ or tribunal ”.

I3317

In section 45(3), after “court” insert “ or tribunal ”.

I3418

In section 60(3)—

a

for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,

b

the words from “and” to the end are repealed.

I3519

In section 64(6)(b), for “sheriff, on a summary application” substitute “ First-tier Tribunal, on an application ”.

I3620

In section 75—

a

for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, in each subsequent place it occurs, substitute “ Tribunal ”,

b

the title becomes “ Power of First-tier Tribunal, in action for possession, to reduce period of notice to quit ”.

I3721

In section 76—

a

in subsection (2), for “sheriff may, if he thinks fit,” substitute “ First-tier Tribunal may ”,

b

in subsection (3), for “sheriff” substitute “ Tribunal ”.

I3822

In section 77, for “sheriff court” substitute “ First-tier Tribunal ”.

I3923

In section 97—

a

in subsection (8), for “sheriff” in both places it occurs substitute “ First-tier Tribunal ”,

b

in subsection (9), for “sheriff” substitute “ First-tier tribunal ”.

I4024

In section 102—

a

before subsection (1) insert—

A1
The First-tier Tribunal has jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the application of this Act (other than Part IX) or as to any matter which is or may become material for determining any such question.

b

in subsection (1), before “this Act” insert “ Part IX of ”,

c

subsection (2) is repealed,

d

in subsection (3), for “sheriff” substitute “ First-tier Tribunal ”.

I4125

In section 103, leave out subsections (1) and (2) and insert—

An application to the sheriff under section 93(1) is to be made by way of summary application.

I4226

In section 104, before “this Act” insert “ Part IX of ”.

I4327

In section 115(1), after the definition of “converted tenancy” insert—

“First-tier Tribunal” means the First-tier Tribunal for Scotland;

I4428

In Schedule 1—

a

in paragraph 3, for “sheriff” substitute “ First-tier Tribunal ”,

b

in paragraph 7, for “sheriff” substitute “ First-tier Tribunal ”.

I4529

In Schedule 1A—

a

in paragraph 3, for “sheriff” substitute “ First-tier Tribunal ”,

b

in paragraph 6, for “sheriff” substitute “ First-tier Tribunal ”.

I4630

In paragraph 3 of Schedule 1B, for “sheriff” substitute “ First-tier Tribunal ”.

I4731

In Schedule 2—

a

in Cases 3, 4, 5, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20 and 21, for “court”, in each place it occurs, substitute “ First-tier Tribunal ”,

b

in paragraph 1 of Part III—

i

for “a court” substitute “ the First-tier Tribunal ”,

ii

for “the court” substitute “ the Tribunal ”,

c

in Part IV—

i

in paragraph 2, for “court”, in the first place it occurs, substitute “ First-tier Tribunal ” and, in each subsequent place it occurs, substitute “ Tribunal ”,

ii

in paragraph 3(1)(a), for “court” substitute “ First-tier Tribunal ”,

d

the title to Part I becomes “ Cases in which First-tier Tribunal may order possession ”,

e

the title to Part II becomes “ Cases in which First-tier Tribunal must order possession where dwelling-house subject to regulated tenancy ”.

Housing (Scotland) Act 1988 (c.43)

I4832

The Housing (Scotland) Act 1988 is amended as follows.

I4933

In section 16(2), for “sheriff” substitute “ First-tier Tribunal ”.

I5034

In section 17(8), for “sheriff” substitute “ First-tier Tribunal ”.

I5135

In section 18—

a

in subsection (1), for “sheriff” substitute “ First-tier Tribunal ”,

b

in subsection (3)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he” substitute “ the Tribunal ”,

c

in subsection (3A)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he” substitute “ the Tribunal ”,

d

in subsection (4)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he”, in both places it occurs, substitute “ the Tribunal ”,

e

in subsection (4A), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,

f

in subsection (6), for “sheriff” substitute “ First-tier Tribunal ”,

g

in subsection (6A), for “sheriff” substitute “ First-tier Tribunal ”,

h

in subsection (7), for “sheriff” substitute “ First-tier Tribunal ”.

I5236

In section 19—

a

in subsection (1)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

in paragraph (b), for “he” substitute “ the Tribunal ”,

b

in subsection (2), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,

c

in subsection (5), for “sheriff” substitute “ First-tier Tribunal ”.

I5337

In section 20—

a

in subsection (1)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he” substitute “ the Tribunal ”,

b

in subsection (2)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he” substitute “ the Tribunal ”,

c

in subsection (3)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he”, in both places it occurs, substitute “ the Tribunal ”,

d

in subsection (4)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he” substitute “ the Tribunal ”,

e

in subsection (6), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,

f

the title becomes “ Extended discretion of First-tier Tribunal in possession claims ”.

I5438

In section 21(3)—

a

for “sheriff” substitute “ First-tier Tribunal ”,

b

for “he” substitute “ Tribunal ”.

I5539

In section 22—

a

in subsection (1), for “sheriff” substitute “ First-tier Tribunal ”,

b

in subsection (2), for “sheriff” substitute “ First-tier Tribunal ”.

I5640

In section 25(7), for “sheriff” substitute “ First-tier Tribunal ”.

I5741

In section 28(1), for “sheriff” substitute “ First-tier Tribunal ”.

I5842

In section 29, for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.

I5943

In section 30(2)—

a

the word “summary” is repealed,

b

in the opening words, for “sheriff” substitute “ First-tier Tribunal ”,

c

in paragraph (a), for “him” substitute “ the Tribunal ”,

d

in paragraph (b), for “he” substitute “ the Tribunal ”,

e

in the closing words—

i

for “sheriff” substitute “ Tribunal ”,

ii

for “he” substitute “ the Tribunal ”.

I6044

In section 33—

a

in subsection (1)—

i

for “sheriff” substitute “ First-tier Tribunal ”,

ii

for “he” substitute “ the Tribunal ”,

b

in subsection (4), for “sheriff” substitute “ First-tier Tribunal ”.

I6145

In section 36—

a

after subsection (4) insert—

4A
Any action to enforce liability arising from this section must be raised in the First-tier Tribunal unless the residential occupant's claim is founded on the premises in question being subject to a Scottish secure tenancy or to a short Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)).

b

in subsection (6)(b), after “sheriff” insert “ or First-tier Tribunal ”,

c

in subsection (6B), after “court”, in both places it occurs, insert “ or, as the case may be, the First-tier Tribunal ”.

I6246

In section 42(1)(c)—

a

in sub-paragraph (i), for “court”, where it first occurs substitute “ First-tier Tribunal ”,

b

in sub-paragraph (ii), for “court”, where it first occurs, substitute “ First-tier Tribunal ”,

c

in sub-paragraph (iii), after “possession” insert “ the First-tier Tribunal or, as the case may be, ”.

I6347

In section 55(1), after the definition of “council tax” insert—

“First-tier Tribunal” means the First-tier Tribunal for Scotland;

I6448

In Schedule 5—

a

in grounds 1, 2, 5 and 7, for “sheriff”, in each place it occurs, substitute “ First-tier Tribunal ”,

b

the title of Part I becomes “ Grounds on which First-tier Tribunal must order possession ”,

c

the title of Part II becomes “ Grounds on which First-tier Tribunal may order possession ”,

d

in paragraph 2 of Part III—

i

for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ”,

ii

in paragraph (b), for “sheriff” substitute “ Tribunal ”,

iii

in the closing words, for “sheriff” substitute “ Tribunal ”,

e

in paragraph 3(1)(a) of that Part, for “sheriff” substitute “ First-tier Tribunal ”.

PART 2Repairing standard

Housing (Scotland) Act 2006 (asp 1)

I6649

The 2006 Act is amended as follows.

I6750

In section 24(7)—

a

for “sheriff” substitute “ First-tier Tribunal ”,

b

in paragraph (a), for “sheriff's” substitute “Tribunal's”.

I6851

In section 194, after the definition of “disabled person” insert—

“First-tier Tribunal” means the First-tier Tribunal for Scotland,

PART 3Right to adapt rented houses

Housing (Scotland) Act 2006 (asp 1)

I6952

The 2006 Act is amended as follows.

I7053

In section 64—

a

subsection (6) is repealed,

b

in subsection (7), for “(5) or, as the case may be, (6)” substitute “ or (5) ”.

I7154

Subsections (3) and (4) of section 65 are repealed.

I7255

Section 67 is repealed.

PART 4Landlord registration

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

I7356

The 2004 Act is amended as follows.

I7457

In section 92—

a

subsection (4) is repealed,

b

in subsection (5)—

i

for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ”,

ii

the words “shall be made to the sheriff principal and” are repealed,

c

in subsection (6), for “sheriff principal” substitute “ Upper Tribunal ”.

I7558

In section 92ZA—

a

in subsection (1)(b)—

i

in sub-paragraph (i), for “sheriff” substitute “ First-tier Tribunal ”,

ii

in sub-paragraph (ii), for “sheriff” substitute “ First-tier Tribunal ”,

iii

in sub-paragraph (ii)(A), for “sheriff's” substitute “First-tier Tribunal's”,

iv

in sub-paragraph (ii)(B), for “sheriff principal” substitute “ Upper Tribunal ”,

b

in subsection (2)(b)—

i

in sub-paragraph (i), for “sheriff” substitute “ First-tier Tribunal ”,

ii

in sub-paragraph (ii), for “sheriff” substitute “ First-tier Tribunal ”,

iii

in sub-paragraph (ii)(A), for “sheriff's” substitute “First-tier Tribunal's”,

iv

in sub-paragraph (ii)(B), for “sheriff principal” substitute “ Upper Tribunal ”.

I7659

In section 97—

a

in subsection (6), for “court” substitute “ tribunal ”,

b

in subsection (7), for “court” substitute “ tribunal ”.

I7760

In section 101(1)—

a

before the definition of “house”, insert—

“First-tier Tribunal” means the First-tier Tribunal for Scotland,

b

after the definition of “unconnected person”, insert—

“Upper Tribunal” means the Upper Tribunal for Scotland,

SCHEDULE 2Minor and consequential amendments

(introduced by section 103)

Local Government, Planning and Land Act 1980 (c.65)

I91

Section 156(4) of the Local Government, Planning and Land Act 1980 is repealed.

Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)

I102

Section 13(11) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 is repealed.

Rent (Scotland) Act 1984 (c.58)

I13

In Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984—

a

the word “either” is repealed,

b

paragraph (b) and the word “or” immediately preceding it are repealed.

Housing (Scotland) Act 1987 (c.26)

4 I21

The 1987 Act is amended as follows.

I22

In section 19 of the 1987 Act—

a

in subsection (1), for “local authority or a registered social landlord” substitute “ social landlord ”,

b

in subsection (2)—

i

for “housing provider” substitute “ social landlord ”,

ii

for “housing providers” substitute “ social landlords ”,

c

for subsection (3) substitute—

3
In this Part, “social landlord” means any local authority or any registered social landlord.

I23

In section 20(2)—

a

for “local authority and a registered social landlord” substitute “ social landlord ”,

b

in paragraph (b), after sub-paragraph (ii) insert—

iia
that a dissolution of a civil partnership or a decree of separation of civil partners be obtained, or

I24

In section 21(3), paragraph (ia) and the word “and” at the end of that paragraph are repealed.

5

In section 24(5)(d), for “or 2” substitute “ , 2 or 2A ”.

6

In section 31(5)(c), for “or 2” substitute “ , 2 or 2A ”.

I117

In section 82—

a

the words “this Part and in” are repealed, and

b

the definitions of “application to purchase”, “heritable proprietor”, “housing co-operative”, “offer to sell”, “police authority” and “secure tenancy” are repealed.

I118

The title to section 82 becomes “ Interpretation of sections 14, 19 and 20 ”.

9

In section 338(1)—

a

in the definition of “house”, the words “(except in relation to Part XIV)” are repealed,

I2b

the definition of “secure tenancy” is repealed.

Housing (Scotland) Act 1988 (c.43)

5 I31

The Housing (Scotland) Act 1988 is amended as follows.

2

In section 42(1)(d), the words “or in pursuance of section 282(3)(b) of that Act (grant of a tenancy upon acquisition by public sector authority of defective dwelling)” are repealed.