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Property Factors (Scotland) Act 2011

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This is the original version (as it was originally enacted).

21Variation and revocation of property factor enforcement orders

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(1)The homeowner housing committee which made a property factor enforcement order may, at any time––

(a)vary the order in such manner as they consider reasonable, or

(b)where they consider that the action required by the order is no longer necessary, revoke it.

(2)Where subsection (3) applies, the committee must vary the property factor enforcement order––

(a)so as to extend, or further extend, the period within which any action required by the order must be executed, and

(b)in such other manner as they think fit.

(3)This subsection applies where––

(a)the committee consider, on the submission of the property factor or otherwise, that any action required by a property factor enforcement order has not been, or will not be, executed during the period within which the order requires the work to be executed, and

(b)the committee––

(i)consider that satisfactory progress has been made in executing the action required, or

(ii)have received a written undertaking from the property factor stating that the action required will be executed by a later date which the committee consider satisfactory.

(4)References in this Act to a property factor enforcement order or to action required by such an order are, where the order has been varied under this section, to be treated as references to the order as so varied or, as the case may be, to action required by the order as so varied.

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