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The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016
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This version of this schedule contains provisions that are prospective.
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Changes and effects yet to be applied to Schedule 1:
- Sch. 1 para. 1 coming into force by S.S.I. 2016/337 reg. 1(2)
- Sch. 1 para. 2 coming into force by S.S.I. 2016/337 reg. 1(2)
- Sch. 1 para. 3 coming into force by S.S.I. 2016/337 reg. 1(2)
- Sch. 1 para. 4 coming into force by S.S.I. 2016/337 reg. 1(2)
- Sch. 1 para. 5 coming into force by S.S.I. 2016/337 reg. 1(2)
Prospective
Regulation 4
SCHEDULE 1STransitional and savings provisions
This schedule has no associated Policy Notes
Applications and proceedings in progress before the prhcs on 1st December 2016 to transfer to the First-tier TribunalS
1. Any applications referred to the prhcs before 1st December 2016 but not yet determined or any proceedings already in progress before that date involving prhcs shall be transferred to and be completed by the First-tier Tribunal but with so far as possible the same persons hearing and determining the case before the First-tier Tribunal as members of that tribunal as were prior to 1st December 2016 hearing the case as members of the prhcs.
Commencement Information
I1Sch. 1 para. 1 in force at 1.12.2016, see reg. 1(2)
Decisions, directions and orders of the prhcs to continue in forceS
2. Any decision (whether or not called a decision), direction or order given or made in applications to and proceedings before the prhcs which is in force immediately before 1st December 2016 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.
Commencement Information
I2Sch. 1 para. 2 in force at 1.12.2016, see reg. 1(2)
Time limits in respect of applications to and proceedings before the prhcs to carry over to the First-tier TribunalS
3. Any time limit which has started to run before 1st December 2016 in respect of applications to and proceedings before the prhcs (and which has not expired) shall continue to apply where applications and proceedings are transferred to the First-tier Tribunal.
Commencement Information
I3Sch. 1 para. 3 in force at 1.12.2016, see reg. 1(2)
Unexercised right of appeal to sheriff, if exercised, to be appeal to the Upper TribunalS
4. Where in respect of a decision of the prhcs before 1st December 2016, there lies a right of appeal to the sheriff, which has not been exercised before that date but is still exercisable, any appeal on or after 1st December 2016 shall be to the Upper Tribunal for Scotland as if the decision had been made by the First-tier Tribunal and the appeal shall be an appeal from the First-tier Tribunal for the purposes of section 46(1) of the Tribunals (Scotland) Act 2014.
Commencement Information
I4Sch. 1 para. 4 in force at 1.12.2016, see reg. 1(2)
Savings provisionS
5. Where in respect of a decision of the prhcs before 1st December 2016, there lies a right of appeal to the sheriff, which has been exercised before that date, the appeal to the sheriff is not affected by these Regulations or the First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016(1).
Commencement Information
I5Sch. 1 para. 5 in force at 1.12.2016, see reg. 1(2)
(1)
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