The First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017

Made: 31st October 2017

Laid before the Scottish Parliament: 2nd November 2017

Coming into force: 1st December 2017

In accordance with paragraph 4(3) of schedule 9 of that Act, they have consulted the President of Tribunals and such other persons as they have considered appropriate.

Citation and commencement

1

These Regulations may be cited as the First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017 and come into force on 1st December 2017.

Amendment of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

2

• (1) The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017[^f00002] (“the principal regulations”) are amended in accordance with paragraphs (3) to (14).

• (2) In this regulation any reference to a numbered rule is to the rule bearing that number in the Schedule of the principal regulations.

• (3) In rule 1(2) (application and interpretation) for “assured tenancy reference to the First-tier Tribunal” substitute “assured tenancy reference”.

• (4) In rule 10(4) (representatives) for “A practice direction, an order, or anything permitted or required to be done by a party under these Rules,” substitute “Anything permitted or required to be done by a party under these Rules, a practice direction or an order”.

• (5) In rule 37(3) (application for permission to appeal a decision of the First-tier Tribunal), omit sub-paragraph (a).

• (6) In rule 43 (application for determination of whether property factor has failed to comply with the 2011 Act)—

• (a)

• (i) at the end of paragraph (1)(d) insert “and”;

• (ii) at the end of paragraph (1)(e) omit “; and”;

• (iii) omit paragraph (1)(f); and

• (b) omit paragraph (4).

• (7) In rule 44(4) (inspections) for “party” substitute “parties”.

• (8) In rule 53(4) (inspections) for “party” substitute “parties”.

• (9) In rule 69 (application for damages for unlawful eviction) for “36(6A) or (6B)” substitute “36(3)”.

• (10) In rule 71(b) (parties to be notified by the First-tier Tribunal) for “36(6A) and (6B)” substitute “36(3)”.

• (11) In rule 86 (application to postpone the date of possession in relation to Part VII contracts) for “lessor” substitute “lessee” in the introductory text and in paragraph (b).

• (12) In rule 92 (parties to be notified by the First-tier Tribunal)—

• (a) at the end of paragraph (e) insert “and”;

• (b) at the end of paragraph (f) omit “; and”; and

• (c) omit paragraph (g).

• (13) In rule 97 (letting agent enforcement orders) for “both” substitute “the” in paragraphs (1) and (2).

• (14) In rule 106 (application to draw up terms of tenancy where statutory term is unlawfully displaced)—

• (a) in paragraph (a)(i) and (ii) for “tenant or landlord” substitute “person”;

• (b) in paragraph (a)(iv) and (v), for “tenant” substitute “person”; and

• (c) in paragraph (c) for “tenant or landlord”, in both places where it occurs, substitute “person”.

Signed

ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 31st October 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017.

Regulation 2 makes some minor corrections to the schedule which sets out the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure.

Footnotes

[^f00001]: 2014 asp 10.

[^f00002]: S.S.I. 2017/328.