The Homeowner Housing Panel (Applications and Decisions) (Scotland) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the making and determination of applications by homeowners to the homeowner housing panel under section 17(1) of the Property Factors (Scotland) Act 2011 (“the Act”).

Part 1 deals with preliminary matters on citation, commencement, interpretation and also sets out the overriding objective of the Regulations.

Part 2, comprising regulations 5 to 7, sets out procedure for the making of an application by a homeowner to the homeowner housing panel. Regulation 5 details what must be stated in an application. Regulation 6 details the documents which must be attached to an application. Regulation 7 relates to representation of any party in the proceedings.

Part 3, comprising regulations 8 to 28, makes provision relating to the process of an application to the homeowner housing panel.

Regulation 8 deals with notification of any referral of the application to a homeowner housing committee in terms of section 18(1)(a) of the Act to the parties.

Regulations 9 to 27 make provision for subsequent procedure relating to the consideration of an application by a homeowner housing committee in relation to:

• hearing related applications together (either relating to the same property factor or the same homeowner) (regulation 9);

• inquiries that may be made by a committee (regulation 10);

• evidence that may be considered by a committee (regulation 11);

• lodging of documents and a list of witnesses (regulation 12);

• directions that may be given by a committee (regulation 13);

• correction of any document issued by the committee (regulation 14);

• withdrawal of an application (regulation 15);

• inspection of land relating to the application by or on behalf of the committee (regulation 16);

• hearings (regulation 17);

• deciding a case without an oral hearing (regulation 18);

• exclusion of persons disrupting a hearing (regulation 19);

• prohibition on recording of proceedings by parties (regulation 20);

• adjournment of a hearing requested by a party (regulation 21);

• amendment of an application or written representations (regulation 22);

• hearing the case in the absence of a party (regulation 23);

• hearing the case in the absence of a member of a committee (regulation 24);

• the death or legal incapacity of a homeowner or property factor (regulation 25);

• decisions of committees (regulation 26); and

• signature of documents by electronic signature (regulation 27).

Transitional provision is set out in regulation 28 for when circumstances prior to the coming into force of the relevant provisions of the Act and these Regulations on 1st October 2012 can be considered by the president of the panel and any committee.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.