SCHEDULE 2

Consequential amendments of the Property Factors (Scotland) Act 2011
Regulation 5
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),
.