Scottish Statutory Instruments

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(1), 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(2), paragraph 8(1)(a) of schedule 5 of the Rent (Scotland) Act 1984(3) 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.

Citation and commencement S

F1 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 1 revoked (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328), regs. 1(2), 4

Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016 S

F2 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2 revoked (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328), regs. 1(2), 4

Forms S

F3 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 3 revoked (1.12.2017) by The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 (S.S.I. 2017/349), regs. 1, 3(2)

Revocations S

F4 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 4 revoked (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328), regs. 1(2), 4

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th October 2016

Regulation 2

F5 SCHEDULE 1 S The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 revoked (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328), regs. 1(2), 4

Regulation 3

F6 SCHEDULE 2 S FORMS

Textual Amendments

F6 Sch. 2 revoked (1.12.2017) by The Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017 (S.S.I. 2017/349), regs. 1, 3(2)

Regulation 4

F7 SCHEDULE 3 S Revocations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 revoked (1.12.2017) by The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328), regs. 1(2), 4

EXPLANATORY NOTE

(This note is not part of the Regulations)

Schedule 1 of these Regulations sets out the rules of procedure in respect of proceedings before the First-tier Tribunal for Scotland Housing and Property Chamber (“the First-tier Tribunal”). Part 2 of schedule 1 covers proceedings in respect of homeowners and Part 3 covers proceedings in respect of the private rented housing sector, including landlord applications and assured tenancy references.

Schedule 2 contains forms to be used for certain purposes of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988, and for the purpose of proceedings before the First-tier Tribunal.

Schedule 3 lists instruments that are to be revoked.

(1)

2014 asp 10.

(2)

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).

(3)

1984 c.58. Paragraph 8(1) was amended by paragraph 5 of schedule 6 of the 2006 Act.