Part 6

Other housing matters

Decisions of the Scottish Housing Regulator: reviews and appeals

Decisions of the Scottish Housing Regulator: reviews and appeals
63
1
The Housing (Scotland) Act 2010 is modified as follows.
2
After section 67 insert—
Part 5A

Decisions of the Regulator: reviews and appeals

Decisions
67A
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).

Reviews of decisions
67B
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.

Appeals to the First-tier Tribunal
67C
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.

Persons who may request a review or appeal
67D
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.

Power to make further provision about reviews and appeals
67E
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.
.
3
In section 27 (compulsory de-registration)—
a
in subsection (3), for “removing” substitute “making a decision to remove”,
b
after subsection (3) insert—
4
A decision to remove a body from the register is of no effect unless—
a
the period within which the body may request a review of the decision under section 67B(1) expires without the body requesting a review, or
b
where the body requests a review, the Regulator confirms the decision (with or without variations) and—
i
the period within which the body may appeal under section 67C(1) expires without the body appealing the decision, or
ii
the body appeals the decision and the appeal has been finally determined or is withdrawn.
.
4
Section 29 (appeal against decision on registration or removal) is repealed.
5
Section 64 (appeals against suspension or removal) is repealed.
6
In section 161 (orders)—
a
after subsection (4) insert—
5
Regulations under section 67E may make different provision for different purposes.
6
Regulations under section 67E are subject to the affirmative procedure.
,
b
the section title becomes “Orders and regulations”.
S. 63 not in force at Royal Assent, see s. 86(2)