43WPower of First-tier Tribunal to require landlords to pay penalty or compensation(1)

The Scottish Ministers may by regulations make provision for or in connection with the conferral of powers for the First-tier Tribunal to make an order requiring a landlord to whom subsection (2) applies to pay—

(a)

a financial penalty, or

(b)

a compensation payment to the tenant in question.

(2)

This subsection applies to a landlord against whom any of the following orders has been made—

(a)

an order of a rent officer made under section 43O(3),

(b)

an order of a rent officer made under section 43R(3),

(c)

an order of the First-tier Tribunal under section 43T(2)(a),

(d)

an order of the First-tier Tribunal under section 43T(4)(a).

(3)

Regulations under subsection (1) may, in particular, make provision for or in connection with—

(a)

the maximum amount (not exceeding £1,000) of a financial penalty or a compensation payment that may be imposed by the First-tier Tribunal by virtue of subsection (1),

(b)

the person to whom any financial penalty is payable,

(c)

matters to be taken into account by the First-tier Tribunal in determining the amount of a financial penalty or compensation payment imposed by the First-tier Tribunal,

(d)

the arrangements for payment of a financial penalty or compensation payment,

(e)

appeals against the imposition, or the amount, of a financial penalty or compensation payment,

(f)

enforcement relating to the payment of any financial penalty or compensation payment imposed by an order of the First-tier Tribunal.

(4)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers—

(a)

must consult persons who appear to them to represent the interests of tenants and landlords, and

(b)

may consult any other person they consider appropriate.

(5)

The requirement to consult under subsection (4)(a) may be met by consultation carried out before this section takes effect.