The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016

Housing (Scotland) Act 2006

6.—(1) The Housing (Scotland) Act 2006(1) is amended as follows.

(2) Section 21 (naming of panel and re-naming of committees) is omitted.

(3) In section 23(1)(a) (referral to private rented housing committee), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(4) In section 24 (determination by private rented housing committee)—

(a) in subsection (1), for the words from “private rented housing committee” to “must” substitute “First-tier Tribunal, must in relation to an application under section 22(1) or (1A)”;

(b) in subsection (2)—

(i) for “committee decide” substitute “First-tier Tribunal decides”; and

(ii) for “they” substitute “it”;

(c) in subsection (4) for “committee reasonably consider” substitute “First-tier Tribunal reasonably considers”;

(d) in subsection (5), for “committee require” substitute “First-tier Tribunal requires”;

(e) in subsection (6)—

(i) for “committee are” substitute “First-tier Tribunal is”;

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(iii) for “they consider” substitute “it considers”; and

(f) in subsection (7)(a), for “committee” substitute “First-tier Tribunal”.

(5) The title of section 24 becomes “Determination by the First-tier Tribunal”.

(6) In section 25 (variation and revocation of repairing standard enforcement orders)—

(a) in subsection (1)—

(i) for “The private rented housing committee which made a repairing standard enforcement order” substitute “Where the First-tier Tribunal has made a repairing standard enforcement order, it”; and

(ii) for “they consider” in both places where it occurs substitute “it considers”;

(b) in subsection (2)—

(i) in the opening words, for “committee” substitute “First-tier Tribunal”; and

(ii) in paragraph (b), for “they think” substitute “it thinks”; and

(c) in subsection (3)—

(i) in paragraph (a), for “committee consider” substitute “First-tier Tribunal considers”; and

(ii) in paragraph (b)—

(aa) for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(bb) in sub-paragraph (i), for “consider”, substitute “considers”; and

(cc) in sub-paragraph (ii), for “have” substitute “has”.

(7) In section 26 (effect of failure to comply with repairing standard enforcement order)—

(a) in subsection (1)—

(i) for “private rented housing committee” substitute “First-tier Tribunal”; and

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”;

(b) in subsection (2)—

(i) for “committee decide” substitute “First-tier Tribunal decides”; and

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”;

(c) in subsection (3)—

(i) in the opening words, for “committee” substitute “First-tier Tribunal”; and

(ii) in paragraph (b), for “committee are” substitute “First-tier Tribunal is”;

(d) in subsection (4)—

(i) for “committee are” substitute “First-tier Tribunal is”;

(ii) for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(iii) for “they consider” substitute “it considers”.

(8) In section 27 (rent relief orders)—

(a) in subsection (1), for “a private rented housing committee” substitute “the First-tier Tribunal”;

(b) in subsection (2)—

(i) for “A private rented housing committee” substitute “The First-tier Tribunal”; and

(ii) for “they have” substitute “it has”; and

(c) in subsection (4), for “committee” in both places that it occurs substitute “First-tier Tribunal”.

(9) In section 28 (the repairing standard: offences)—

(a) in subsection (4), for “private rented housing committee which made the repairing standard enforcement order in question” substitute “First-tier Tribunal”; and

(b) in subsection (6), for “private rented housing committee which made the order” substitute “First-tier Tribunal”.

(10) In section 36(1) (carrying out of work by local authority: repairing standard), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(11) In section 60 (certification)—

(a) in subsection (2)(b), for “private rented housing committee which made the order.” substitute “First-tier Tribunal.”;

(b) in subsection (4), for “committee” substitute “First-tier Tribunal”; and

(c) in subsection (5)—

(i) in the opening words, for “A private rented housing committee may, of their” substitute “The First-tier Tribunal may, of its”;

(ii) in paragraph (a), for “they have” substitute “it has”;

(iii) in paragraph (b), for “they are” substitute “it is”; and

(iv) in the closing words, for “committee may not exercise their” substitute “First-tier Tribunal may not exercise its”.

(12) In section 61 (registration)—

(a) in sub-section (1)(c), for “a private rented housing committee” substitute “the First-tier Tribunal”; and

(b) in subsection (2), for “private rented housing committee which made the repairing standard enforcement order concerned” substitute “First-tier Tribunal”.

(13) In section 63 (date of operation of notices, orders etc.), in subsection (8)(a)—

(a) after “determination” insert “or Upper Tribunal’s decision”; and

(b) after “sheriff” insert “or Upper Tribunal”.

(14) In section 64 (Part 1 appeals)—

(a) in subsection (4)—

(i) in the opening words, for “by a private rented housing committee” substitute “of the First-tier Tribunal”;

(ii) in paragraph (a), for “(decision on an application)” substitute “(determination by the First-tier Tribunal)”; and

(iii) in the closing words, for “may appeal to the sheriff within 21” substitute “may seek permission to appeal on a point of law only from the First-tier Tribunal within 30”.

(b) in subsection (4A)—

(i) in the opening words, for “by a private rented housing committee” substitute “of the First-tier Tribunal”; and

(ii) in the closing words, for “may appeal to the sheriff within 21” substitute “may seek permission to appeal on a point of law only from the First-tier Tribunal within 30”;

(c) in subsection (5)—

(i) for “appeal to the sheriff” substitute “seek permission to appeal on a point of law only from the First-tier Tribunal”;

(ii) for “21” substitute “30”; and

(d) for subsection (7) substitute—

“(7) On cause shown—

(a) in the case of an appeal under subsections (1) and (6), the sheriff may hear an appeal after the deadline set by the relevant subsection, and

(b) in the case of an appeal under subsections (4), (4A) or (5), the Upper Tribunal may hear an appeal after the deadline set by the relevant subsection.”.

(15) In section 65 (Part 1 appeals: determination)—

(a) in subsection (2)—

(i) in the opening words, for “sheriff” substitute “Upper Tribunal”; and

(ii) paragraph (b)—

(aa) for “sheriff’s” substitute Upper Tribunal’s”; and

(bb) for “committee” substitute “First-tier Tribunal”; and

(b) in subsection (5), after “sheriff’s determination” insert “or Upper Tribunal’s decision”.

(16) In section 66 (Part 1 appeals: procedure etc.)—

(a) in subsection (1), for “section 64” substitute “section 64(1) or (6)”; and

(b) in subsection (4), for “section 64” substitute “section 64(1) or (6)”.

(17) Section 67 (adaptations: power to change method of appeal) is omitted.

(18) In section 181 (rights of entry: general)—

(a) in subsection (2)—

(i) for “a private rented housing committee” substitute “the First-tier Tribunal”; and

(ii) for “committee” in each place where it subsequently occurs substitute “First-tier Tribunal”;

(b) in subsection (6), for “committee” substitute “First-tier Tribunal”.

(19) In section 194 (interpretation)—

(a) in subsection (1)—

(i) after the definition of “disabled person” insert—

““First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber,”; and

(ii) the definition of “private rented housing committee” is omitted; and

(b) subsection (5) is omitted.

(20) Schedule 2 (private rented housing committees: procedure etc.) is amended as follows—

(a) in the schedule heading, for “PRIVATE RENTED HOUSING COMMITTEES” substitute “THE FIRST-TIER TRIBUNAL”;

(b) in paragraph 1—

(i) in sub-paragraph (1)—

(aa) in the opening words, for the words from “The private” to “23(1)” substitute “On receipt of a referral of a tenant’s application under section 23(1) the First-tier Tribunal”; and

(bb) in paragraph (a), for “committee think” substitute “First-tier Tribunal thinks”;

(ii) in sub-paragraph (2)(b) for “committee think” substitute “First-tier Tribunal thinks”;

(iii) in sub-paragraph (3), for “committee” substitute “First-tier Tribunal”; and

(iv) in sub paragraph (4), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(c) in paragraph 2—

(i) in sub-paragraph (1)—

(aa) for “committee” substitute “First-tier Tribunal”; and

(bb) for “they think” substitute “it thinks”;

(ii) in sub-paragraph (3), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(d) in paragraph 3—

(i) in sub-paragraph (1)—

(aa) for “committee” in each place that it occurs substitute “First-tier Tribunal”; and

(bb) for “they” substitute “it”; and

(ii) sub-paragraphs (2),(3) and (4) are omitted;

(e) in paragraph 4, for “committee” substitute “First-tier Tribunal”;

(f) in paragraph 5—

(i) in sub-paragraph (1)—

(aa) in paragraph (a), for “any private rented housing committee” substitute “the First-tier Tribunal”;

(bb) in paragraph (b), for “a committee” substitute “the First-tier Tribunal” and for “committee” where it subsequently occurs substitute “First-tier Tribunal”; and

(cc) in paragraph (c), for “a committee” substitute “the First-tier Tribunal”; and

(ii) in sub-paragraph (2), in the closing words, for “any private rented housing committee” substitute “the First-tier Tribunal”;

(g) in paragraph 6—

(i) in sub-paragraph (1), for “a private rented housing committee” substitute “the First-tier Tribunal”;

(ii) in sub-paragraph (2)(b)(i), for “committee and the reasons for their” substitute “the First-tier Tribunal and the reasons for its”;

(iii) in sub-paragraph (3), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(iv) in sub-paragraph (4)(c), for “committee” substitute “First-tier Tribunal”;

(h) in paragraph 7—

(i) in sub-paragraph (2) for “a private rented housing committee” in both places that it occurs substitute “the First-tier Tribunal”;

(ii) in sub-paragraph (3)—

(aa) for “a private rented housing committee, the committee” substitute “the First-tier Tribunal, the First-tier Tribunal”;

(bb) in paragraph (a), for “their” substitute “its”; and

(cc) in paragraph (b)(ii), for “they do” substitute “it does”; and

(i) in paragraph 8(2), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(1)

2006 asp 1.