Section 23 Effect of failure to comply with property factor enforcement orderI1

Scotland

(1)

It is for the F1First-tier Tribunal to decide whether a property factor has failed to comply with a property factor enforcement order made by the F2First-tier Tribunal .

(2)

Where the F3First-tier Tribunal F4decides that a property factor has failed to comply with the property factor enforcement order, the First-tier Tribunal must serve notice of the failure on the Scottish Ministers.

(3)

The F5First-tier Tribunal may not decide that a property factor has failed to comply with a property factor enforcement order––

(a)

unless the period within which the order requires any work to be executed has ended, or

(b)

if the F6First-tier Tribunal is satisfied, on the submission of the property factor or otherwise––

(i)

that the property factor is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(ii)

that any action required by the order is likely to endanger any person.

(4)

Where the F7First-tier Tribunal is prevented by reason only of subsection (3)(b) from deciding that a property factor has failed to comply with a property factor enforcement order, the F8First-tier Tribunal must serve notice on the Scottish Ministers stating that F9it considers the property factor to be unable to comply with the property factor enforcement order.

Annotations

Textual amendments

F1: Words in s. 23(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(a)(i) (with sch. 1 para. 5)
F2: Words in s. 23(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(a)(ii) (with sch. 1 para. 5)
F3: Words in s. 23(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(b)(i) (with sch. 1 para. 5)
F4: Word in s. 23(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(b)(ii) (with sch. 1 para. 5)
F5: Words in s. 23(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(c)(i) (with sch. 1 para. 5)
F6: Words in s. 23(3)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(c)(ii) (with sch. 1 para. 5)
F7: Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(d)(i) (with sch. 1 para. 5)
F8: Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(d)(ii) (with sch. 1 para. 5)
F9: Words in s. 23(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 11(d)(iii) (with sch. 1 para. 5)

Commencement

I1: S. 23 in force at 1.10.2012, see s. 33(2)