The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016

Regulation 5

SCHEDULE 2 Consequential amendments of the Property Factors (Scotland) Act 2011

1.  The Property Factors (Scotland) Act 2011 is amended in accordance with paragraphs 2 to 13.

2.  In section 4 (registration)—

(a) in subsection (4)(b)(iv), for “a homeowner housing committee” substitute “the First-tier Tribunal”; and

(b) after subsection (8) insert—

“(9) In this Act, “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber.”

3.  In section 5 (section 4: considerations), in subsection (3)(b), for “a homeowner housing committee” substitute “the First-tier Tribunal”.

4.  In section 8 (removal from register), in subsection (2)(c), for “a homeowner housing committee” substitute “the First-tier Tribunal”.

5.  In section 18 (referral to homeowner housing committee), in subsection (1)(a), for “a homeowner housing committee” substitute “the First-tier Tribunal”.

6.  The title to section 18 becomes “Referral to the First-tier Tribunal”.

7.  In section 19 (determination by homeowner housing committee)—

(a) in subsection (1), for the words from “homeowner” to “must” substitute “First-tier Tribunal must, in relation to a homeowner’s application referred to it under section 18(1)(a),”;

(b) in subsection (2)—

(i) in the opening words—

(aa) for “committee” substitute “First-tier Tribunal”;

(bb) for “they” substitute “it”; and

(ii) in paragraph (b), for “them” substitute “it”;

(c) in subsection (3)—

(i) for “committee are” substitute “First-tier Tribunal is”; and

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”;

(d) in subsection (4), for “homeowner housing committee” substitute “First-tier Tribunal”.

8.  The title to section 19 becomes “Determination by the First-tier Tribunal”.

9.  In section 20 (property factor enforcement orders)—

(a) in subsection (1)(a), for “homeowner housing committee” substitute “First-tier Tribunal”; and

(b) in subsection (1)(b), for “committee” substitute “First-tier Tribunal”.

10.  In section 21 (variation and revocation of property factor enforcement orders)—

(a) in subsection (1)—

(i) in the opening words, for the words from “The” to “order” substitute “Where the First-tier Tribunal has made a property factor enforcement order it”;

(ii) in paragraph (a), for “they consider” substitute “it considers”;

(iii) in paragraph (b), for “they consider” substitute “it considers”;

(b) in subsection (2)—

(i) in the opening words, for “committee” substitute “First-tier Tribunal”;

(ii) in paragraph (b), for “they think” substitute “it thinks”;

(c) in subsection (3)—

(i) in paragraph (a), for “committee consider” substitute “First-tier Tribunal considers”; and

(ii) in paragraph (b)—

(aa) for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(bb) for “consider” in both places that it occurs substitute “considers”; and

(cc) for “have” substitute “has”.

11.  In section 23 (effect of failure to comply with property factor enforcement order)—

(a) in subsection (1)—

(i) for “homeowner housing committee” substitute “First-tier Tribunal”; and

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”;

(b) in subsection (2)—

(i) for “committee” in both places that it occurs substitute “First-tier Tribunal”; and

(ii) for “decide” substitute “decides”;

(c) in subsection (3)—

(i) in the opening words, for “committee” substitute “First-tier Tribunal”; and

(ii) in paragraph (b), for “committee are” substitute “First-tier Tribunal is”;

(d) in subsection (4)—

(i) for “committee are” substitute “First-tier Tribunal is”;

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(iii) for “they consider” substitute “it considers”.

12.  In section 24 (property factor enforcement order: offences), in subsection (4) for “homeowner housing committee” substitute “First-tier Tribunal” and for “have” substitute “has”.

13.  In section 31 (interpretation), after the definition of “applicant” insert—

““First-tier Tribunal” has the meaning given by section 4(9),”.