SCOTTISH STATUTORY INSTRUMENTS
2016 No. 338
TRIBUNALS AND INQUIRIES
The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016
Made 27thOctober 2016
Coming into force 1stDecember 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20(2), 28(2), 28(6), 79(1) and 80(1) and paragraph 1(1) of schedule 2 of the Tribunals (Scotland) Act 2014() and all other powers enabling them to do so.
In accordance with section 11(1)(a) and (b) of that Act, the Scottish Ministers have obtained the Lord President's approval and have consulted such other persons as they considered appropriate.
In accordance with section 79(2)(a) and (b) and 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 Panel) Regulations 2016.
(2) These Regulations come into force on 1st December 2016.
Interpretation
2. In these Regulations—
‘the 2014 Act’ means the Tribunals (Scotland) Act 2014;
‘the prhp’ means the panel constituted under schedule 4 of the Rent (Scotland) Act 1984(), to be known as the private rented housing panel in terms of section 21(1) of the Housing (Scotland) Act 2006(); and
‘the prhp functions’ means the functions exercised by the prhp (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 21(3) of the Housing (Scotland) Act 2006.
Transfer of prhp functions to the First-tier Tribunal and abolition of prhp
3.—(1) Subject to regulations 5 and 6, the prhp functions are transferred to the First-tier Tribunal with allocation to the First-tier Tribunal Housing and Property Chamber.
(2) The prhp is abolished.
Transfer of prhp members to the First-tier Tribunal
4.—(1) Subject to paragraphs (2) and (3), members of the prhp 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—
(a) legal members of the prhp becoming legal members of the First-tier Tribunal;
(b) other members of the prhp (including the vice-president) becoming ordinary members of the First-tier Tribunal; and
(c) the president of the prhp becoming Chamber President of the First-tier Tribunal Housing and Property Chamber.
(2) Members of the prhp 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 prhp 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.
Transitional and savings provisions
5. The transitional and savings provisions set out in schedule 1 of these Regulations have effect.
Consequential amendments and repeals
6.—(1) The consequential amendments and repeals to primary legislation set out in schedule 2 of these Regulations have effect.
(2) The consequential amendments and revocations to subordinate legislation set out in schedule 3 of these Regulations have effect.
(3) The consequential amendments to the Tenant Information Pack set out in schedule 4 of these Regulations have effect.
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St Andrew's House,
Edinburgh
27th October 2016
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ANNABELLE EWING
Authorised to sign by the Scottish Ministers
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SCHEDULE 1
Regulation 5
Transitional and savings provisions
Applications and proceedings in progress before the prhp on 1st December 2016 to transfer to the First-tier Tribunal
1. Any applications to the prhp already in progress on 1st December 2016 but not yet determined and any proceedings already in progress before that date 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 prhp.
Decisions, directions and orders of the prhp to continue in force
2. Any decision (whether or not called a decision), direction or order given or made in applications to or proceedings before the prhp 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 prhp 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 prhp (and which has not expired) shall continue to apply where applications or 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 President of the prhp or under delegated powers of the President 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 2014 Act.
Savings provision
5. Where in respect of a decision of the President of the prhp or under delegated powers of the President 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 Committees) Regulations 2016().
SCHEDULE 2
Regulation 6(1)
Consequential amendments and repeals of primary...
