{
  "url": "https://openlegislation.uk/first-tier-tribunal-for-scotland-housing-and-property-chamber-procedure-amendment-regulations-2026/note",
  "json_url": "https://openlegislation.uk/first-tier-tribunal-for-scotland-housing-and-property-chamber-procedure-amendment-regulations-2026/note.json",
  "legislation": "ssi/2026/288",
  "legislation_title": "The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2026",
  "legislation_url": "https://openlegislation.uk/first-tier-tribunal-for-scotland-housing-and-property-chamber-procedure-amendment-regulations-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328) (“the principal Regulations”) to reflect the conferral of new functions on the First-tier Tribunal by sections 16 and 17 of the Housing (Scotland) Act 2025 (asp 13) (“the 2025 Act”). Section 14 of the 2025 Act gives local authorities and the Scottish Ministers powers to seek information from a landlord relating to the tenancy of a house included in the landlord’s entry in the landlord register. These Regulations make provision for an application to be made to the First-tier Tribunal by a local authority or the Scottish Ministers where an information holder fails to provide information without reasonable excuse, or provides information that the information holder must have known to be false in a material way.\nRegulation 2(2) amends regulation 2 of the principal Regulations to add a reference to the 2025 Act in the list of enactments which confer functions on the First-tier Tribunal.\nRegulation 2(3)(a) adds the 2025 Act to the definitions in rule 1(2) in the schedule of the principal Regulations.\nRegulation 2(3)(b) inserts a new Part 5 into the schedule of the principal Regulations to provide procedural rules in relation to applications for failure to provide information or provision of false information under sections 16(3) and 17(3) of the 2025 Act respectively. This new Part 5 includes rules 121 to 125 described as follows. New rule 121 provides that Part 5 applies to applications under section 16(3) or 17(3) of the 2025 Act. New rule 122 applies Part 1 of the schedule to applications under sections 16(3) and 17(3) subject to certain modifications, ensuring that an application must be lodged in the manner set out in rule 123 and that the first-Tier Tribunal may provide a statement of reasons when it makes a decision following an application under section 16(3) or 17(3) of the 2025 Act.\nNew rule 123 provides for the form of an application under sections 16(3) and 17(3) of the 2025 Act, including the documents which must accompany such applications. New rule 123(2) provides that a person making an application may raise multiple issues relating to a request for information in one application. New rule 125 provides for the notification of the application to the Scottish Ministers where the application is made by a local authority and the notification of the relevant local authority where the application is made by the Scottish Ministers.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2026/288/note",
    "retrieved_at": "2026-11-05T03:34:03.340476+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}