“Part 5ADecisions of the Regulator: reviews and appeals

67ADecisions

This Part applies to a decision by the Regulator—

(a)

not to enter a body in the register under section 23,

(b)

to remove a body from the register under section 27,

(c)

not to remove a body from the register under section 28,

(d)

to issue performance improvement targets in relation to a social landlord under section 34,

(e)

to set financial management or governance targets in relation to a registered social landlord under section 37,

(f)

to arrange under section 44 for a survey of the condition of housing accommodation maintained by a social landlord,

(g)

to publish a report of an inquiry concerning a social landlord under section 46,

(h)

to require a social landlord to submit a performance improvement plan under section 55,

(i)

to specify a particular time by which a social landlord is required to submit such a plan,

(j)

to serve an enforcement notice on a social landlord under section 56,

(k)

to appoint a manager to manage the housing activities of a social landlord, or require a social landlord to appoint such a manager, under section 57,

(l)

to specify that such a manager is to manage the social landlord’s housing activities generally or particular aspects of those activities,

(m)

to appoint a manager to manage the financial or other affairs of a registered social landlord, or require a registered social landlord to appoint such a manager, under section 58,

(n)

to specify that such a manager is to manage the registered social landlord’s financial or other affairs generally or particular aspects of those affairs,

(o)

to remove an officer of a registered social landlord under section 60,

(p)

to suspend a responsible individual from a registered social landlord under section 61,

(q)

to remove a responsible individual from a registered social landlord under section 62,

(r)

to appoint an individual as an officer of a registered social landlord under section 65,

(s)

to make a direction under section 66 (restrictions on dealings during or following inquiries),

(t)

to make a direction under section 67 (transfer of assets following inquiries).

67BReviews of decisions

(1)

A person mentioned in section 67D in relation to a decision may, before the end of the period of 10 working days beginning with day on which the person is notified of the decision, request that the Regulator reviews the decision.

(2)

When the Regulator receives a request under subsection (1), it must—

(a)

review the decision,

(b)

confirm, vary, reverse or revoke it, and

(c)

give notice of its decision under paragraph (b) to the person who requested the review.

(3)

A notice under subsection (2)(c) must set out the Regulator’s reasons for its decision.

(4)

In subsection (1), “working day” means any day other than—

(a)

a Saturday or a Sunday, or

(b)

a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971.

67CAppeals to the First-tier Tribunal

(1)

A person mentioned in section 67D in relation to a decision may, before the end of the period of 28 days beginning with the day on which the person is given notice under section 67B(2)(c) in relation to the decision, appeal to the First-tier Tribunal against the decision where the decision has been confirmed (with or without variations) under section 67B(2)(b).

(2)

The First-tier Tribunal may determine an appeal by—

(a)

confirming the decision,

(b)

quashing the decision and directing the Regulator to take such other action, if any, as the First-tier Tribunal thinks fit by such time as may be specified in the direction, or

(c)

remitting the case to the Regulator for reconsideration.

(3)

In this section, “First-tier Tribunal” means the First-tier Tribunal for Scotland.

67DPersons who may request a review or appeal

The person who may request a review under section 67B(1) or appeal under section 67C(1) is—

(a)

in the case of a decision referred to in paragraph (a), (b) or (c) of section 67A, the body,

(b)

in the case of a decision referred to in paragraph (d) or (f) to (l) of that section, the social landlord,

(c)

in the case of a decision referred to in paragraph (e), (m), (n) or (r) to (t) of that section, the registered social landlord,

(d)

in the case of a decision referred to in paragraph (o) to (q) of that section, the individual.

67EPower to make further provision about reviews and appeals

The Scottish Ministers may by regulations—

(a)

modify this Part,

(b)

make such further provision as they consider appropriate in relation to reviews and appeals of decisions by the Regulator.”.