1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Panel) Regulations 2016.
(2) These Regulations come into force on 1st December 2016.
2. In these Regulations—
“the 2014 Act” means the Tribunals (Scotland) Act 2014;
“the hohp” means the panel constituted under schedule 4 of the Rent (Scotland) Act 1984(1), to be known as the homeowner housing panel in terms of section 16(2) of the Property Factors (Scotland) Act 2011(2) when exercising functions conferred on it by virtue of section 16(1) of that Act; and
the “hohp functions” means the functions exercised by the hohp (including those of the president of the panel and the members of the panel, but not the vice president of the panel) by virtue of section 16(1) of the Property Factors (Scotland) Act 2011.
3.—(1) Subject to regulations 5 and 6, the hohp functions are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal Housing and Property Chamber.
(2) The hohp is abolished.
4.—(1) Subject to paragraphs (2) and (3), members of the hohp (other than the President) under the age of 75 on the coming into force of these Regulations are transferred to and become members of the First-tier Tribunal, with legal members of the hohp becoming legal members of the First-tier Tribunal, and other members of the hohp (including the vice-president) becoming ordinary members of the First-tier Tribunal.
(2) Members of the hohp transferred to the First-tier Tribunal under paragraph (1) shall (subject to the provisions of the 2014 Act) be members of the First-tier Tribunal in accordance with terms and conditions to be offered by the Scottish Ministers on transfer, which will supersede any existing terms and conditions of appointment.
(3) A member of the hohp who is aged 70 or over on the coming into force of these Regulations shall transfer only if the Scottish Ministers in consultation with the President of Tribunals consider it desirable in the public interest that the member should transfer.
5. Schedule 1 of these Regulations contains transitional and savings provisions.
6. The consequential amendments and repeals set out in schedule 2 of these Regulations have effect.
7. The consequential amendments to the Property Factors (Scotland) Act 2011 Code of Conduct of Property Factors set out in schedule 3 of these Regulations have effect.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th October 2016