2012 No. 181
The Property Factors (Registration) (Scotland) Regulations 2012
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 3(2)(f) and (4) and 30(2) of the Property Factors (Scotland) Act 20111 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Property Factors (Registration) (Scotland) Regulations 2012 and come into force on 1st July 2012.
Interpretation2
In these Regulations—
“the Act” means the Property Factors (Scotland) Act 2011;
“relevant person” means any person who is (or is to be) directly concerned with the control or governance of a property factor who is—
- a
trading as a sole trader;
- b
mentioned in section 3(2)(c) of the Act; or
- c
mentioned in section 3(8) of the Act; and
- a
“property” means—
- a
each dwelling house or flat, the owner (or common or joint owners) of which has (or have) a share in common parts of land referred to in section 2(1)(a) or (b) of the Act; and
- b
each residential property mentioned in section 2(1)(c) or (d) of the Act.
- a
Information to be specified in an application for registration as a property factor3
An application for registration under section 3(1) of the Act must also specify—
a
any conviction of a relevant person relating to any offence involving a matter mentioned in section 5(2)(a) of the Act;
b
any court or tribunal judgment against a relevant person under the Equality Act 20102 or any of—
i
the Equal Pay Act 19703;
ii
the Sex Discrimination Act 19754;
iii
the Race Relations Act 19765;
iv
the Disability Discrimination Act 19956;
v
the Employment Equality (Sexual Orientation) Regulations 20037;
vi
the Employment Equality (Religion or Belief) Regulations 20038; and
c
in relation to a contravention by a relevant person of a provision mentioned in section 5(2)(c) of the Act—
i
any conviction of an offence; or
ii
any finding of a court or tribunal.
Application for registration: criminal conviction certificate4
The Scottish Ministers may require the applicant to provide a criminal conviction certificate (within the meaning of section 112 of the Police Act 19979) as evidence of the information in the application for registration under section 3(1) of the Act or if they have reasonable grounds to suspect that information provided under regulation 3(a) or (c)(i) is, or has become, inaccurate.
Fees payable on application for registration as a property factor5
1
The fees prescribed for the purposes of the Scottish Ministers determining fees under section 3(3)(b) of the Act (fees for application for registration) are—
a
where an applicant for registration acts, or expects to act, as a property factor in relation to 100 or fewer properties, the sum of £100;
b
where an applicant for registration acts, or expects to act, as a property factor in relation to more than 100 properties, the sum of £370.
2
The number of properties in relation to which an applicant acts, or expects to act, is determined as at the date of the submission of the application for registration.
(This note is not part of the Regulations)