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

Type Scottish-Statutory-Instrument

Publication 2016-10-27

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 27th October 2016

Coming into force: 1st December 2016

In accordance with section 79(2)(a) and (b) and section 80(2)(a) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1

(1) These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016.

(2) These Regulations come into force on 1st December 2016.

Interpretation

2

In these Regulations—

“the prhcs” means the rent assessment committees constituted in accordance with schedule 4 of the Rent (Scotland) Act 1984[^f00002], to be known as the private rented housing committees in terms of section 21(2) of the Housing (Scotland) Act 2006[^f00003]; and

“the prhcs functions” means the functions exercised by prhcs by virtue of section 21(3) of the Housing (Scotland) Act 2006.

Transfer of prhcs functions to the First-tier Tribunal and abolition of prhcs

3

(1) Subject to regulations 4 and 5, the prhcs functions are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal Housing and Property Chamber.

(2) The prhcs are abolished.

Transitional and savings provisions

4

Schedule 1 of these Regulations contains transitional and savings provisions.

Consequential amendments and repeals

5

(1) The consequential amendments and repeals of primary legislation set out in Part 1 of schedule 2 of these Regulations have effect.

(2) The consequential amendments and revocations to subordinate legislation set out in Part 2 of schedule 2 of these Regulations have effect.

SCHEDULE 1 — Transitional and savings provisions

Applications and proceedings in progress before the prhcs on 1st December 2016 to transfer to the First-tier Tribunal

1

Any applications referred to the prhcs before 1st December 2016 but not yet determined or any proceedings already in progress before that date involving prhcs shall be transferred to and be completed by the First-tier Tribunal but with so far as possible the same persons hearing and determining the case before the First-tier Tribunal as members of that tribunal as were prior to 1st December 2016 hearing the case as members of the prhcs.

Decisions, directions and orders of the prhcs to continue in force

2

Any decision (whether or not called a decision), direction or order given or made in applications to and proceedings before the prhcs which is in force immediately before 1st December 2016 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.

Time limits in respect of applications to and proceedings before the prhcs to carry over to the First-tier Tribunal

3

Any time limit which has started to run before 1st December 2016 in respect of applications to and proceedings before the prhcs (and which has not expired) shall continue to apply where applications and proceedings are transferred to the First-tier Tribunal.

Unexercised right of appeal to sheriff, if exercised, to be appeal to the Upper Tribunal

4

Where in respect of a decision of the prhcs before 1st December 2016, there lies a right of appeal to the sheriff, which has not been exercised before that date but is still exercisable, any appeal on or after 1st December 2016 shall be to the Upper Tribunal for Scotland as if the decision had been made by the First-tier Tribunal and the appeal shall be an appeal from the First-tier Tribunal for the purposes of section 46(1) of the Tribunals (Scotland) Act 2014.

Savings provision

5

Where in respect of a decision of the prhcs before 1st December 2016, there lies a right of appeal to the sheriff, which has been exercised before that date, the appeal to the sheriff is not affected by these Regulations or the First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016[^f00004].

SCHEDULE 2

PART 1 — Consequential amendments and repeals of primary legislation

Rent (Scotland) Act 1984

1

(1) The Rent (Scotland) Act 1984[^f00005] is amended as follows.

(2) Section 44 (private rented housing committees) and Schedule 4 are repealed.

(3) In section 46(6) (applications for registration of rents), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(4) In section 48(1) (determination of a fair rent), for “private rented housing committee” substitute “First-tier Tribunal”.

(5) In section 49 (amount to be registered as rent)—

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

(b) in subsection (3), for “private rented housing committee”, substitute “the First-tier Tribunal”; and

(6) In section 50(4) (effect of registration of rent)—

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

(b) for “committee make their” substitute “First-tier Tribunal makes its”.

(7) In section 53(1)(b) (regulations), omit “and private rented housing committees”.

(8) In section 60(2) (supplemental to sections 55 to 59)—

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

(b) in the proviso, for “private rented housing committee” substitute “First-tier Tribunal”.

(9) In section 65 (reference of contracts to private rented housing committees and obtaining by them of information)—

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

(b) in subsection (2)—

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

(ii) for “they” in both places that it occurs substitute “it”; and

(iii) for “them” substitute “it”.

(10) The title of section 65 becomes “References of contracts to the First-tier Tribunal and obtaining by it of information”.

(11) In section 66 (powers of private rented housing committees on reference of contracts)—

(a) in subsection (1)—

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

(ii) for “committee have” substitute “First-tier Tribunal has”;

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

(iv) for “they think” in both places that it occurs substitute “it thinks”;

(v) for “their” in both places that it occurs substitute “its”; and

(vi) for “they may” substitute “it may”;

(b) in subsection (2), for “committee” substitute “First-tier Tribunal”;

(i) for “a rent assessment committee” substitute “the First-tier Tribunal”;

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

(d) in subsection (5), for “A private renting housing committee” substitute “The First-tier Tribunal”.

(12) The title of section 66 becomes “Powers of the First-tier Tribunal on reference of contracts”.

(13) Section 66A (transitional references of Part VII contracts) is omitted.

(14) In section 67 (register of rents under Part VII contracts)—

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

(b) in subsection (2), for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(i) for “by the clerk or other authorised officer of” substitute “on behalf of”;

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

(iii) for “by such clerk or other officer” substitute “on behalf of the First-tier Tribunal”; and

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

(15) In section 68 (reconsideration of rent after registration), for “private rented housing committee” substitute “First-tier Tribunal”.

(16) In section 70 (cancellation of entries in register at instance of landlord)—

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

(b) in subsection (3)—

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

(ii) for “subsections (1) and (2) above are” substitute “subsection (1) is”;

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

(17) In section 71 (notice to quit served after reference of contract to private rented housing committee)—

(a) in subsection (1)—

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

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

(b) in subsection (2)—

(i) in paragraph (a), for “committee may, if they think” substitute “First-tier Tribunal may, if it thinks”; and

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

(18) The title of section 71 becomes “Notice to quit served after reference of contract to the First-tier Tribunal”.

(19) In section 72 (application to private rented housing committee for security of tenure where notice to quit is served)—

(a) in subsection (1)—

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

(ii) in the closing words, for “committee” substitute “First-tier Tribunal”;

(b) in subsection (3)—

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

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

(d) in subsection (5)—

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

(ii) for “their” substitute “its”.

(20) The title of section 72 becomes “Application to the First-tier Tribunal for security of tenure where notice to quit is served”.

(21) In section 74 (reduction of period of notice on account of lessee’s default)—

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

(b) in subsection (2), for “committee” in both places that it occurs substitute “First-tier Tribunal”.

(22) In section 77 (jurisdiction of private rented housing committees)—

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

(b) in the closing words—

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

(ii) for “them” and “they” substitute “it”.

(23) The title of section 77 becomes “Jurisdiction of the First-tier Tribunal”.

(24) In section 80(1) (regulations), paragraphs (a) and (b) are omitted.

(25) In section 81(1) (interpretation of Part VII), in the entry for “register”, for “a private rented housing committee” substitute “the First-tier Tribunal”.

(26) In section 85(1)(b) (prohibition of premiums on grant, etc. of Part VII contracts), for “private rented housing committee” substitute “First-tier Tribunal”.

(27) In section 115 (interpretation)—

(a) in subsection (1) —

(i) the entry for “private rented housing committee” is omitted; and

(ii) after the entry for “converted tenancy” insert ““First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber”; and

(b) in subsection (2), after “rent tribunal” insert “or a private rented housing committee” and for “a private rented housing committee within the meaning of section 44 above” substitute “the First-tier Tribunal”.

(28) In Schedule 5 (applications for registration of rents)—

(a) in paragraph 6, for “a private rented housing committee” in both places that it occurs substitute “the First-tier Tribunal”; and

(b) in paragraph 7—

(i) in sub-paragraph (1), for “a private rented housing committee” in each place that it occurs substitute “the First-tier Tribunal” and for “direct” substitute “directs”; and

(ii) in sub-paragraph (2), for “a rent assessment committee” substitute “the First-tier Tribunal”;

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

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

(iii) for “they” substitute “it”;

(d) the italic heading preceding paragraph 8 becomes “Determination of fair rent by the First-tier Tribunal”;

(e) in paragraph 9, for “committee” in both places that it occurs substitute “First-tier Tribunal”;

(f) in paragraph 10—

(i) in each of sub-paragraphs (1), (2) and (3), for “committee” substitute “First-tier Tribunal”;

(ii) in sub-paragraph (1), for “they think” substitute “it thinks” and for “they” in each place that it subsequently occurs substitute “it”;

(iii) in sub-paragraphs (1) and (2), for “them” in each place that it occurs substitute “it”; and

(iv) in sub-paragraph (2), for “they” substitute “it” and for “their” substitute “its”;

(g) in paragraph 11(3), for “a private rented housing committee” in both places that it occurs substitute “the First-tier Tribunal”;

(h) in paragraph 12—

(i) for “a private rented housing committee” in each place that it occurs substitute “the First-tier Tribunal”; and

(ii) in sub-paragraph (a), for “direct” substitute “directs”; and

(i) in paragraph 13—

(i) in sub-paragraph (1), for the words from the start to “above” substitute “Where a matter is referred under paragraph 12 to the First-tier Tribunal”; and

(ii) in sub-paragraph (2)—

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

(bb) for “they are” substitute “it is”; and

(cc) for “they shall” substitute “it shall”.

(29) In Schedule 6 (certificates of fair rent)—

(a) in paragraph 2—

(i) in sub-paragraph (1), for “a private rented housing committee” in both places that it occurs substitute “the First-tier Tribunal”; and

(ii) in sub-paragraph (2)—

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

(bb) in each place that “a private rented housing committee” subsequently occurs substitute “the First-tier Tribunal”;

(b) in paragraph 5, for “a private rented housing committee” in both places that it occurs substitute “the First-tier Tribunal”;

(i) in sub-paragraph (1)—

(aa) for “a private rented housing committee so direct” substitute “the First-tier Tribunal so directs”; and

(bb) for “a private rented housing committee” in each place that it subsequently occurs substitute “the First-tier Tribunal”; and

(ii) in sub-paragraph (2) for “a rent assessment committee” substitute “the First-tier Tribunal”;

(d) in paragraph 7—

(i) in sub-paragraph (1)—

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

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

(cc) for “they” substitute “it”;

(ii) in sub-paragraph (2)—

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

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

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

(e) in paragraph 8, for “committee” in both places that it occurs substitute “First-tier Tribunal”; and

(f) in paragraph 9, for “a private rented housing committee” substitute “the First-tier Tribunal”.

Housing (Scotland) Act 1988

2

(1) The Housing (Scotland) Act 1988[^f00006] is amended as follows.

(2) In section 17 (fixing of terms of statutory assured tenancy)—

(a) in subsection (3)(a), for “a private rented housing committee”, substitute “the First-tier Tribunal”;

(b) in subsection (4)—

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

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

(d) in subsection (5)—

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

(ii) for “they shall, if they consider” substitute “it shall, if it considers”;

(e) in subsection (7)—

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

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

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

(3) In section 24 (increases of rent under assured tenancies), in subsection (3)(a), for “a private rented housing committee” substitute “the First-tier Tribunal”.

(4) In section 25 (determination of rent by private rented housing committee)—

(a) in subsection (1)—

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

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

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