The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016
1
Citation and commencement
2
Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016
3
Forms
4
Revocations
SCHEDULE 1
The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016
PART 1
General provisions
1
Interpretation
2
Requirements for making an application
3
The overriding objective
4
Application of the overriding objective
5
Correction of clerical mistakes or accidental slips or omissions
6
Application for permission to appeal a decision of the First-tier Tribunal
7
First-tier Tribunal’s consideration of application for permission to appeal
7A
Review of a decision
8
Representatives
9
Supporters
10
Expenses
11
Prohibition on recording of proceedings by parties
PART 2
Procedure in respect of homeowner applications
12
Application of Part 2 and interpretation
13
Applications
14
Required attachments to application
15
Notification of referral to the First-tier Tribunal
16
Hearing applications together
17
Inquiries
18
Evidence
19
Lodging of documents etc.
20
Directions
21
Withdrawal of the application
22
Inspections
23
Hearings
24
Power to determine the proceedings without an oral hearing
25
Exclusion of persons disrupting proceedings
26
Adjournment of a hearing on an application by a party
27
Amendment
28
Hearing case in the absence of a party
29
Absence of a member of the First-tier Tribunal
30
Death or incapacity of a homeowner or property factor
31
Decisions on section 14 duty and compliance with property factor enforcement orders etc.
32
Signature of documents
33
Transitional
PART 3
Procedure in respect of private rented applications
Procedure common to proceedings in respect of private rented applications
34
Application of this Part of the Rules
35
Interpretation
36
Service
37
Hearing two or more applications together
38
Directions
39
Evidence
40
Withdrawal of applications
41
Exclusion of persons disrupting proceedings
Procedure in respect of Repairing Standard Applications
42
Applications under section 22(1) or (1A) of the Act
43
Mediation
44
Need for additional work
45
Procedure for further applications
46
Inspections
47
Hearings
48
Adjournment
49
Amendment
50
Amendment to the party’s written representations raising new issues of disrepair
51
Hearing case in the absence of a party
52
Voting for and giving of decision
53
Death, insolvency or incapacity of a party
Procedure in respect of Landlord applications to the First-tier Tribunal
54
Application
55
Rejection of applications
56
Person authorised to enter
57
Decision to assist
58
Where the First-tier Tribunal makes a decision to stop assisting...
Procedure in respect of Assured Tenancy References to the First-tier Tribunal
59
Assured Tenancy References to the First-tier Tribunal
60
Assured Tenancy Reference Hearings
61
Documents at Assured Tenancy Reference Hearings
62
Inspection of house
63
Decisions
64
Giving of notices in respect of assured tenancy references, etc.
Procedure in respect of regulated tenancy references
65
Hearings
66
Documents
67
Inspection of dwelling-house
68
Decisions
69
Giving of Notices
SCHEDULE 2
FORMS
SCHEDULE 3
Revocations
2016 No. 339

Tribunals And Inquiries

The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2016
Made
27th October 2016
Laid before the Scottish Parliament
31st October 2016
Coming into force
1st December 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 55(1) and paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 2014 , sections 17(2) and (3), 19(3), 24(1) and (3), 32(2) and (4), 34(1), 48(2) and 53(3) of the Housing (Scotland) Act 1988 , paragraph 8(1)(a) of schedule 5 of the Rent (Scotland) Act 1984 and all other powers enabling them to do so.
In accordance with paragraph 4(3) of schedule 9 of the Tribunals (Scotland) Act 2014, they have consulted the President of Tribunals and such other persons as they considered appropriate.
2014 asp 10.
1988 c.43. Section 17(3) was amended by paragraph 16 of schedule 6 of the Housing (Scotland) Act 2006 (asp 1) (“the 2006 Act”). Section 19(3) was amended by paragraph 85(b) of schedule 17 of the Housing Act 1988 (c.50). Section 24(1) was amended by paragraph 100(a) of schedule 11 of the Local Government and Housing Act 1989 (c.42). Sections 24(3), 34(1) and 48(2) were amended by paragraph 16 of schedule 6 of the 2006 Act. Section 55(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
1984 c.58. Paragraph 8(1) was amended by paragraph 5 of schedule 6 of the 2006 Act.