(1)This section applies where a person makes an application to the Scottish Ministers in accordance with section 3.
(2)In any case where the Scottish Ministers are considering refusing to enter a person in the register, they must before doing so—
(a)give notice to the responsible person that refusal is under consideration, and
(b)allow the person who made the application under section 3(1) an opportunity to make representations to them.
(3)Notice under subsection (2) must be accompanied by a written statement of the Scottish Ministers' reasons for proposing to refuse to enter the person in the register.
(4)The Scottish Ministers must enter the person in the register if, having considered the application and taken account of any representations made by virtue of subsection (2), they are satisfied—
(a)where the person has not previously been registered, that the person is a fit and proper person to be a property factor,
(b)where the person is, or has previously been, registered, that—
(i)the person is a fit and proper person to be a property factor,
(ii)the person has demonstrated compliance with section 13(3),
(iii)the person has, while registered, demonstrated compliance with the property factor code of conduct, and
(iv)the person has demonstrated compliance with a property factor enforcement order made against the person by [F1the First-tier Tribunal] .
(5)Otherwise, the Scottish Ministers must refuse to enter the person in the register.
(6)An entry under subsection (4) must include the information specified in the application by virtue of paragraphs (a) to (f) of section 3(2).
(7)Subject to section 8, where the Scottish Ministers make an entry under subsection (4), they must remove the entry from the register—
(a)on the expiry of the period of 3 years beginning with the day on which the entry is made, or
(b)where the person to whom the entry relates—
(i)has made a further application for entry in the register under section 3(1), and
(ii)that application has not been determined on the expiry of the period mentioned in paragraph (a),
on the determination of that further application.
(8)For the purposes of––
(a)subsection (7)(b), an application is determined only when—
(i)the period within which any appeal under section 11(2) in relation to the application may be made expires (without such an appeal being made), or
(ii)any such appeal is concluded,
(b)paragraph (a)(ii), an appeal is concluded only when—
(i)the period within which an appeal under section 11(9) may be made has expired without such an appeal being made, or
(ii)any such appeal has been concluded.
[F2(9)In this Act, “First-tier Tribunal” means the First-tier Tribunal for Scotland Housing and Property Chamber.]
Textual Amendments
F1Words in s. 4(4)(b)(iv) 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. 2(a) (with sch. 1 para. 5)
F2S. 4(9) inserted (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. 2(b) (with sch. 1 para. 5)
Commencement Information
I1S. 4 in force at 1.7.2012 by S.S.I. 2012/149, art. 2, sch. (with art. 3)