SCHEDULE 1Transfer of jurisdiction to First-tier Tribunal
PART 1Regulated tenancies, Part VII contracts and assured tenancies
Rent (Scotland) Act 1984 (c.58)
I191
The Rent (Scotland) Act 1984 is amended as follows.
I202
In section 7(2), for “sheriff”, where it first occurs, substitute “
First-tier Tribunal
”
and, where it second occurs, substitute “Tribunal”.
I213
In 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
”
.
I224
In 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
”
.
I235
In section 19(1), for “a court” substitute “
the First-tier Tribunal
”
.
I246
In section 21, for “court”, where it first occurs substitute, “First-tier Tribunal” and, where it second occurs, substitute “Tribunal”.
I657
In section 23(1), for “court” substitute “
First-tier Tribunal
”
.
I258
In 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”.
9
In section 25(1), the definition of “the court” is repealed.
I2610
In section 26, for “court”, where it first occurs, substitute “
First-tier Tribunal
”
and, where it second occurs, substitute “Tribunal”.
I2711
Section 27 is repealed.
I2812
In section 31(2)—
a
for “sheriff” substitute “
First-tier Tribunal
”
,
b
in paragraph (b), for “sheriff” substitute “
First-tier Tribunal
”
.
I2913
In 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
”
.
I3014
In section 35(12), after “court” insert “
or tribunal
”
.
I3115
In 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
”
.
I3216
In section 43B(4)(b), after “court” insert “
or tribunal
”
.
I3317
In section 45(3), after “court” insert “
or tribunal
”
.
I3418
In 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.
I3519
In section 64(6)(b), for “sheriff, on a summary application” substitute “
First-tier Tribunal, on an application
”
.
I3620
In 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
”
.
I3721
In 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
”
.
I3822
In section 77, for “sheriff court” substitute “
First-tier Tribunal
”
.
I3923
In 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
”
.
I4024
In 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
”
.
I4125
In 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.
I4226
In section 104, before “this Act” insert “
Part IX of
”
.
I4327
In section 115(1), after the definition of “converted tenancy” insert—
“First-tier Tribunal” means the First-tier Tribunal for Scotland;
I4428
In Schedule 1—
a
in paragraph 3, for “sheriff” substitute “
First-tier Tribunal
”
,
b
in paragraph 7, for “sheriff” substitute “
First-tier Tribunal
”
.
I4529
In Schedule 1A—
a
in paragraph 3, for “sheriff” substitute “
First-tier Tribunal
”
,
b
in paragraph 6, for “sheriff” substitute “
First-tier Tribunal
”
.
I4630
In paragraph 3 of Schedule 1B, for “sheriff” substitute “
First-tier Tribunal
”
.
I4731
In 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
”
.
Housing (Scotland) Act 1988 (c.43)
I4832
The Housing (Scotland) Act 1988 is amended as follows.
I4933
In section 16(2), for “sheriff” substitute “
First-tier Tribunal
”
.
I5034
In section 17(8), for “sheriff” substitute “
First-tier Tribunal
”
.
I5135
In 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
”
.
I5236
In 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
”
.
I5337
In 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
”
.
I5438
In section 21(3)—
a
for “sheriff” substitute “
First-tier Tribunal
”
,
b
for “he” substitute “
Tribunal
”
.
I5539
In section 22—
a
in subsection (1), for “sheriff” substitute “
First-tier Tribunal
”
,
b
in subsection (2), for “sheriff” substitute “
First-tier Tribunal
”
.
I5640
In section 25(7), for “sheriff” substitute “
First-tier Tribunal
”
.
I5741
In section 28(1), for “sheriff” substitute “
First-tier Tribunal
”
.
I5842
In section 29, for “sheriff”, where it first occurs, substitute “
First-tier Tribunal
”
and, where it second occurs, substitute “Tribunal”.
I5943
In 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
”
.
I6044
In 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
”
.
I6145
In 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
”
.
I6246
In 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,
”
.
I6347
In section 55(1), after the definition of “council tax” insert—
“First-tier Tribunal” means the First-tier Tribunal for Scotland;
I6448
In 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
”
.
PART 2Repairing standard
Housing (Scotland) Act 2006 (asp 1)
I6649
The 2006 Act is amended as follows.
I6750
In section 24(7)—
a
for “sheriff” substitute “
First-tier Tribunal
”
,
b
in paragraph (a), for “sheriff's” substitute “Tribunal's”.
I6851
In section 194, after the definition of “disabled person” insert—
“First-tier Tribunal” means the First-tier Tribunal for Scotland,
PART 3Right to adapt rented houses
Housing (Scotland) Act 2006 (asp 1)
I6952
The 2006 Act is amended as follows.
I7053
In section 64—
a
subsection (6) is repealed,
b
in subsection (7), for “(5) or, as the case may be, (6)” substitute “
or (5)
”
.
I7154
Subsections (3) and (4) of section 65 are repealed.
I7255
Section 67 is repealed.
PART 4Landlord registration
Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
I7356
The 2004 Act is amended as follows.
I7457
In 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
”
.
I7558
In 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
”
.
I7659
In section 97—
a
in subsection (6), for “court” substitute “
tribunal
”
,
b
in subsection (7), for “court” substitute “
tribunal
”
.
I7760
In 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,
SCHEDULE 2Minor and consequential amendments
Local Government, Planning and Land Act 1980 (c.65)
I91
Section 156(4) of the Local Government, Planning and Land Act 1980 is repealed.
Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)
I102
Section 13(11) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 is repealed.
Rent (Scotland) Act 1984 (c.58)
I13
In Case 7 of Part 1 of Schedule 2 to the Rent (Scotland) Act 1984—
a
the word “either” is repealed,
b
paragraph (b) and the word “or” immediately preceding it are repealed.
Housing (Scotland) Act 1987 (c.26)
4
I21
The 1987 Act is amended as follows.
I22
In section 19 of the 1987 Act—
a
in subsection (1), for “local authority or a registered social landlord” substitute “
social landlord
”
,
b
in subsection (2)—
i
for “housing provider” substitute “
social landlord
”
,
ii
for “housing providers” substitute “
social landlords
”
,
c
for subsection (3) substitute—
3
In this Part, “social landlord” means any local authority or any registered social landlord.
I23
In section 20(2)—
a
for “local authority and a registered social landlord” substitute “
social landlord
”
,
b
in paragraph (b), after sub-paragraph (ii) insert—
iia
that a dissolution of a civil partnership or a decree of separation of civil partners be obtained, or
I24
In section 21(3), paragraph (ia) and the word “and” at the end of that paragraph are repealed.
5
In section 24(5)(d), for “or 2” substitute “
, 2 or 2A
”
.
6
In section 31(5)(c), for “or 2” substitute “
, 2 or 2A
”
.
I117
In section 82—
a
the words “this Part and in” are repealed, and
b
the definitions of “application to purchase”, “heritable proprietor”, “housing co-operative”, “offer to sell”, “police authority” and “secure tenancy” are repealed.
I118
The title to section 82 becomes “
Interpretation of sections 14, 19 and 20
”
.
9
In section 338(1)—
a
in the definition of “house”, the words “(except in relation to Part XIV)” are repealed,
I2b
the definition of “secure tenancy” is repealed.
Housing (Scotland) Act 1988 (c.43)
5
I31
The Housing (Scotland) Act 1988 is amended as follows.
2
In section 42(1)(d), the words “or in pursuance of section 282(3)(b) of that Act (grant of a tenancy upon acquisition by public sector authority of defective dwelling)” are repealed.
I33
Paragraph 7 of Schedule 2 is repealed.
4
Paragraphs 19 to 26 of Schedule 7 are repealed.
Local Government and Housing Act 1989 (c.42)
6
Section 166(1) to (5) of the Local Government and Housing Act 1989 is repealed.
Leasehold Reform, Housing and Urban Development Act 1993 (c.28)
7
Section 156 of the Leasehold Reform, Housing and Urban Development Act 1993 is repealed.
Local Government etc. (Scotland) Act 1994 (c.39)
8
Paragraph 152(6) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 is repealed.
Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)
I129
Paragraph 48(3) of schedule 12 to the Abolition of Feudal Tenure etc. (Scotland) Act 2000 is repealed.
Housing (Scotland) Act 2001 (asp 10)
10
I41
The 2001 Act is amended as follows.
2
In section 5(4)(a), for “or 2” substitute “
, 2 or 2A
”
.
I133
Section 23(6)(d) is repealed.
I134
Sections 42 to 51 are repealed.
5
In schedule 10—
I4a
paragraph 13(3)(c)(ii) is repealed,
I13b
paragraph 13(6) to (20) is repealed,
c
paragraph 13(36) to (40) is repealed.
Water Industry (Scotland) Act 2002 (asp 3)
11
Paragraph 18(5) of schedule 7 to the Water Industry (Scotland) Act 2002 is repealed.
Scottish Public Services Ombudsman Act 2002 (asp 11)
I512
Paragraph 44 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 is repealed.
Freedom of Information (Scotland) Act 2002 (asp 13)
I613
1
The Freedom of Information (Scotland) Act 2002 is amended as follows.
2
In schedule 1, after paragraph 18A insert—
18B
The Scottish Housing Regulator.
3
Paragraph 85B of schedule 1 is repealed.
Land Reform (Scotland) Act 2003 (asp 2)
I1414
1
The Land Reform (Scotland) Act 2003 is amended as follows.
2
Section 40(4)(g)(v) is repealed.
3
Section 65(2)(d) is repealed.
4
Section 84(2)(c) is repealed.
Agricultural Holdings (Scotland) Act 2003 (asp 11)
I1515
Section 27(1)(g)(vi) of the Agricultural Holdings (Scotland) Act 2003 is repealed.
Fire (Scotland) Act 2005 (asp 5)
I1616
Paragraph 13 of schedule 3 to the Fire (Scotland) Act 2005 is repealed.
Housing (Scotland) Act 2006 (asp 1)
I717
In section 22 of the 2006 Act—
a
subsection (4)(c) is repealed, and
b
subsection (6) is repealed.
Housing (Scotland) Act 2010 (asp 17)
18
I81
The 2010 Act is amended as follows.
I82
In section 58(1), for “the” where it secondly occurs substitute “
a
”
.
I173
Section 108(1)(f) is repealed.
I84
In section 110(1), after paragraph (a) insert—
aa
the proposed disposal is not by way of granting security over the land or any interest in it,
I85
In section 124, for “122” substitute “
121
”
.
I176
Sections 140 to 144 are repealed.
7
In schedule 2—
I17a
paragraph 3(4) is repealed,
I8b
paragraph 9 is repealed.
Police and Fire Reform (Scotland) Act 2012 (asp 8)
I1819
Paragraph 56 of schedule 7 to the Police and Fire Reform (Scotland) Act 2012 is repealed.