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Property Factors (Scotland) Act 2011

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This is the original version (as it was originally enacted).

9Effect of refusal to enter in register or removal from register

This section has no associated Explanatory Notes

(1)Subsection (2) applies where the Scottish Ministers—

(a)refuse under section 4(5) an application for entry in the register by a person who is operating as a property factor on the day on which section 3 comes into force,

(b)remove a property factor from the register under section 4(7), or

(c)remove a property factor from the register under section 8(1).

(2)After the relevant date––

(a)no costs incurred by the property factor in respect of work instructed after the relevant date are recoverable,

(b)no charge imposed by the property factor which relates to a period after the relevant date is recoverable,

(c)homeowners may appoint new property factors (or decide to manage their properties without appointing a property factor) in accordance with the procedures made in relation to such decisions in their title deeds or, as the case may be, the Tenement Management Scheme,

(d)the property factor may not lodge a notice of potential liability for costs under section 13(1) of the Tenements (Scotland) Act 2004 (asp 11) in respect of work instructed after the relevant date.

(3)The Scottish Ministers must, as soon as practicable after the relevant date, give public notice of—

(a)the refusal or removal mentioned in subsection (1)(a), (b) or, as the case may be, (c),

(b)the relevant date, and

(c)the effect of subsection (2).

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