Article 5 Additional Functions
(1)
No determination or re-determination shall be made if the application for it is withdrawn or relates to an excluded tenancy.
(2)
No determination or re-determination shall be made under paragraph 1 of Schedule 1 (or that paragraph as applied by Schedule 4) if the tenancy is an assured tenancy and—
(a)
the rent payable under the tenancy on the date the application for the determination (or, as the case may be, re-determination) was received was an amount determined under section 34 of the Housing (Scotland) Act 1988 or,
(b)
the rent so payable on that date was an amount determined under section 25 of that Act and that rent took effect within the period of 12 months ending with the date the application was received.