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Property Factors (Scotland) Act 2011

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This is the original version (as it was originally enacted).

7Duty of responsible person to provide information

This section has no associated Explanatory Notes

(1)This section applies where a property factor is registered.

(2)Where in consequence of a change in circumstances any information provided by the property factor to the Scottish Ministers by virtue of section 3(2)(a) to (d) or, as the case may be, this subsection, becomes inaccurate, the responsible person must, as soon as practicable after the inaccuracy arises, give notice to the Scottish Ministers of the change that has occurred.

(3)The property factor must, no later than three months after the end of each financial year, give notice to the Scottish Ministers—

(a)of any dwelling houses, flats or land in relation to which the property factor has acted as property factor during that financial year, or

(b)if there has been no change in that information since—

(i)the date of the last notice given under this subsection, or

(ii)if the person became registered as a property factor during the financial year, the date on which the person provided the information referred to in section 3(2)(e),

that there has been no change in that information.

(4)Subject to subsection (5), any notice given under subsection (2) or (3) must be accompanied by such fee as the Scottish Ministers may determine.

(5)Subject to section 3(5), the Scottish Ministers may by regulations prescribe for the purposes of subsection (4)––

(a)fees,

(b)how fees are to be arrived at,

(c)cases in which no fee is payable.

(6)A person who, without reasonable excuse, fails to comply with subsection (2) or (3) is guilty of an offence.

(7)A person who, in a notice under subsection (2) or (3), provides information which the person knows is false in a material particular, is guilty of an offence.

(8)A person guilty of an offence under subsection (6) or (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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