- Latest available (Revised)
- Point in Time (20/11/2014)
- Original (As enacted)
No versions valid at: 20/11/2014
Point in time view as at 20/11/2014. This version of this schedule contains provisions that are not valid for this point in time.
Housing (Scotland) Act 2014, SCHEDULE 1 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 01/12/2017
(introduced by sections 16 to 19)
1SThe Rent (Scotland) Act 1984 is amended as follows.
2SIn section 7(2), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.
3SIn section 11—
(a)in subsection (1)—
(i)for “a court” substitute “ the First-tier Tribunal ”,
(ii)for “the court”, in each place it occurs, substitute “ the Tribunal ”,
(b)in subsection (2), for “court” substitute “ First-tier Tribunal ”.
4SIn section 12—
(a)in subsection (1), for “a court” substitute “ the First-tier Tribunal ”,
(b)in subsection (2), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,
(c)in subsection (3), for “court” substitute “ First-tier Tribunal ”,
(d)in subsection (4), for “court” substitute “ First-tier Tribunal ”.
5SIn section 19(1), for “a court” substitute “ the First-tier Tribunal ”.
6SIn section 21, for “court”, where it first occurs substitute, “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.
7SIn section 23(1), for “court” substitute “ First-tier Tribunal ”.
8SIn section 24—
(a)in subsection (3), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, in every other place it occurs, substitute “ Tribunal ”,
(b)in subsection (4), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, in every other place it occurs, substitute “ Tribunal ”,
(c)in subsection (5), for “court” substitute “ First-tier Tribunal ”,
(d)in subsection (6), for “court” substitute “ First-tier Tribunal ”,
(e)in subsection (7), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,
(f)in subsection (8), for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.
Prospective
9SIn section 25(1), the definition of “the court” is repealed.
10SIn section 26, for “court”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.
11SSection 27 is repealed.
12SIn section 31(2)—
(a)for “sheriff” substitute “ First-tier Tribunal ”,
(b)in paragraph (b), for “sheriff” substitute “ First-tier Tribunal ”.
13SIn section 32—
(a)in subsection (4), for “sheriff”, in each place it occurs, substitute “ First-tier Tribunal ”,
(b)in subsection (5), for “sheriff” substitute “ First-tier Tribunal ”.
14SIn section 35(12), after “court” insert “ or tribunal ”.
15SIn section 39—
(a)for “a court” substitute “ the First-tier Tribunal ”,
(b)for “the court”, in both places it occurs, substitute “ the Tribunal ”,
(c)for “direct the clerk of court to correct” substitute “ order the correction of ”.
16SIn section 43B(4)(b), after “court” insert “ or tribunal ”.
17SIn section 45(3), after “court” insert “ or tribunal ”.
18SIn section 60(3)—
(a)for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,
(b)the words from “and” to the end are repealed.
19SIn section 64(6)(b), for “sheriff, on a summary application” substitute “ First-tier Tribunal, on an application ”.
20SIn section 75—
(a)for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, in each subsequent place it occurs, substitute “ Tribunal ”,
(b)the title becomes “ Power of First-tier Tribunal, in action for possession, to reduce period of notice to quit ”.
21SIn section 76—
(a)in subsection (2), for “sheriff may, if he thinks fit,” substitute “ First-tier Tribunal may ”,
(b)in subsection (3), for “sheriff” substitute “ Tribunal ”.
22SIn section 77, for “sheriff court” substitute “ First-tier Tribunal ”.
23SIn section 97—
(a)in subsection (8), for “sheriff” in both places it occurs substitute “ First-tier Tribunal ”,
(b)in subsection (9), for “sheriff” substitute “ First-tier tribunal ”.
24SIn section 102—
(a)before subsection (1) insert—
“(A1)The First-tier Tribunal has jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question as to the application of this Act (other than Part IX) or as to any matter which is or may become material for determining any such question.”,
(b)in subsection (1), before “this Act” insert “ Part IX of ”,
(c)subsection (2) is repealed,
(d)in subsection (3), for “sheriff” substitute “ First-tier Tribunal ”.
25SIn section 103, leave out subsections (1) and (2) and insert—
“An application to the sheriff under section 93(1) is to be made by way of summary application.”.
26SIn section 104, before “this Act” insert “ Part IX of ”.
27SIn section 115(1), after the definition of “converted tenancy” insert—
““First-tier Tribunal” means the First-tier Tribunal for Scotland;”.
28SIn Schedule 1—
(a)in paragraph 3, for “sheriff” substitute “ First-tier Tribunal ”,
(b)in paragraph 7, for “sheriff” substitute “ First-tier Tribunal ”.
29SIn Schedule 1A—
(a)in paragraph 3, for “sheriff” substitute “ First-tier Tribunal ”,
(b)in paragraph 6, for “sheriff” substitute “ First-tier Tribunal ”.
30SIn paragraph 3 of Schedule 1B, for “sheriff” substitute “ First-tier Tribunal ”.
31SIn Schedule 2—
(a)in Cases 3, 4, 5, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20 and 21, for “court”, in each place it occurs, substitute “ First-tier Tribunal ”,
(b)in paragraph 1 of Part III—
(i)for “a court” substitute “ the First-tier Tribunal ”,
(ii)for “the court” substitute “ the Tribunal ”,
(c)in Part IV—
(i)in paragraph 2, for “court”, in the first place it occurs, substitute “ First-tier Tribunal ” and, in each subsequent place it occurs, substitute “ Tribunal ”,
(ii)in paragraph 3(1)(a), for “court” substitute “ First-tier Tribunal ”,
(d)the title to Part I becomes “ Cases in which First-tier Tribunal may order possession ”,
(e)the title to Part II becomes “ Cases in which First-tier Tribunal must order possession where dwelling-house subject to regulated tenancy ”.
32SThe Housing (Scotland) Act 1988 is amended as follows.
33SIn section 16(2), for “sheriff” substitute “ First-tier Tribunal ”.
34SIn section 17(8), for “sheriff” substitute “ First-tier Tribunal ”.
35SIn section 18—
(a)in subsection (1), for “sheriff” substitute “ First-tier Tribunal ”,
(b)in subsection (3)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”,
(c)in subsection (3A)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”,
(d)in subsection (4)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he”, in both places it occurs, substitute “ the Tribunal ”,
(e)in subsection (4A), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,
(f)in subsection (6), for “sheriff” substitute “ First-tier Tribunal ”,
(g)in subsection (6A), for “sheriff” substitute “ First-tier Tribunal ”,
(h)in subsection (7), for “sheriff” substitute “ First-tier Tribunal ”.
36SIn section 19—
(a)in subsection (1)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)in paragraph (b), for “he” substitute “ the Tribunal ”,
(b)in subsection (2), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,
(c)in subsection (5), for “sheriff” substitute “ First-tier Tribunal ”.
37SIn section 20—
(a)in subsection (1)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”,
(b)in subsection (2)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”,
(c)in subsection (3)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he”, in both places it occurs, substitute “ the Tribunal ”,
(d)in subsection (4)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”,
(e)in subsection (6), for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”,
(f)the title becomes “ Extended discretion of First-tier Tribunal in possession claims ”.
38SIn section 21(3)—
(a)for “sheriff” substitute “ First-tier Tribunal ”,
(b)for “he” substitute “ Tribunal ”.
39SIn section 22—
(a)in subsection (1), for “sheriff” substitute “ First-tier Tribunal ”,
(b)in subsection (2), for “sheriff” substitute “ First-tier Tribunal ”.
40SIn section 25(7), for “sheriff” substitute “ First-tier Tribunal ”.
41SIn section 28(1), for “sheriff” substitute “ First-tier Tribunal ”.
42SIn section 29, for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ” and, where it second occurs, substitute “Tribunal”.
43SIn section 30(2)—
(a)the word “summary” is repealed,
(b)in the opening words, for “sheriff” substitute “ First-tier Tribunal ”,
(c)in paragraph (a), for “him” substitute “ the Tribunal ”,
(d)in paragraph (b), for “he” substitute “ the Tribunal ”,
(e)in the closing words—
(i)for “sheriff” substitute “ Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”.
44SIn section 33—
(a)in subsection (1)—
(i)for “sheriff” substitute “ First-tier Tribunal ”,
(ii)for “he” substitute “ the Tribunal ”,
(b)in subsection (4), for “sheriff” substitute “ First-tier Tribunal ”.
45SIn section 36—
(a)after subsection (4) insert—
“(4A)Any action to enforce liability arising from this section must be raised in the First-tier Tribunal unless the residential occupant's claim is founded on the premises in question being subject to a Scottish secure tenancy or to a short Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10)).”,
(b)in subsection (6)(b), after “sheriff” insert “ or First-tier Tribunal ”,
(c)in subsection (6B), after “court”, in both places it occurs, insert “ or, as the case may be, the First-tier Tribunal ”.
46SIn section 42(1)(c)—
(a)in sub-paragraph (i), for “court”, where it first occurs substitute “ First-tier Tribunal ”,
(b)in sub-paragraph (ii), for “court”, where it first occurs, substitute “ First-tier Tribunal ”,
(c)in sub-paragraph (iii), after “possession” insert “ the First-tier Tribunal or, as the case may be, ”.
47SIn section 55(1), after the definition of “council tax” insert—
““First-tier Tribunal” means the First-tier Tribunal for Scotland;”.
48SIn Schedule 5—
(a)in grounds 1, 2, 5 and 7, for “sheriff”, in each place it occurs, substitute “ First-tier Tribunal ”,
(b)the title of Part I becomes “ Grounds on which First-tier Tribunal must order possession ”,
(c)the title of Part II becomes “ Grounds on which First-tier Tribunal may order possession ”,
(d)in paragraph 2 of Part III—
(i)for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ”,
(ii)in paragraph (b), for “sheriff” substitute “ Tribunal ”,
(iii)in the closing words, for “sheriff” substitute “ Tribunal ”,
(e)in paragraph 3(1)(a) of that Part, for “sheriff” substitute “ First-tier Tribunal ”.
49SThe 2006 Act is amended as follows.
50SIn section 24(7)—
(a)for “sheriff” substitute “ First-tier Tribunal ”,
(b)in paragraph (a), for “sheriff's” substitute “Tribunal's”.
51SIn section 194, after the definition of “disabled person” insert—
““First-tier Tribunal” means the First-tier Tribunal for Scotland,”.
52SThe 2006 Act is amended as follows.
53SIn section 64—
(a)subsection (6) is repealed,
(b)in subsection (7), for “(5) or, as the case may be, (6)” substitute “ or (5) ”.
54SSubsections (3) and (4) of section 65 are repealed.
55SSection 67 is repealed.
56SThe 2004 Act is amended as follows.
57SIn section 92—
(a)subsection (4) is repealed,
(b)in subsection (5)—
(i)for “sheriff”, where it first occurs, substitute “ First-tier Tribunal ”,
(ii)the words “shall be made to the sheriff principal and” are repealed,
(c)in subsection (6), for “sheriff principal” substitute “ Upper Tribunal ”.
58SIn section 92ZA—
(a)in subsection (1)(b)—
(i)in sub-paragraph (i), for “sheriff” substitute “ First-tier Tribunal ”,
(ii)in sub-paragraph (ii), for “sheriff” substitute “ First-tier Tribunal ”,
(iii)in sub-paragraph (ii)(A), for “sheriff's” substitute “First-tier Tribunal's”,
(iv)in sub-paragraph (ii)(B), for “sheriff principal” substitute “ Upper Tribunal ”,
(b)in subsection (2)(b)—
(i)in sub-paragraph (i), for “sheriff” substitute “ First-tier Tribunal ”,
(ii)in sub-paragraph (ii), for “sheriff” substitute “ First-tier Tribunal ”,
(iii)in sub-paragraph (ii)(A), for “sheriff's” substitute “First-tier Tribunal's”,
(iv)in sub-paragraph (ii)(B), for “sheriff principal” substitute “ Upper Tribunal ”.
59SIn section 97—
(a)in subsection (6), for “court” substitute “ tribunal ”,
(b)in subsection (7), for “court” substitute “ tribunal ”.
60SIn section 101(1)—
(a)before the definition of “house”, insert—
““First-tier Tribunal” means the First-tier Tribunal for Scotland,”,
(b)after the definition of “unconnected person”, insert—
““Upper Tribunal” means the Upper Tribunal for Scotland,”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: