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The Tenancy Deposit Schemes (Scotland) Regulations 2011

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Scheme administrator to be a fit and proper person

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7.—(1) A person who acts as scheme administrator must be a fit and proper person to do so.

(2) A proposal for a tenancy deposit scheme must include a declaration of—

(a)whether paragraph (3) applies to any person who is proposed to act as scheme administrator; and

(b)details of any of the matters set out in paragraph (3) that apply.

(3) This paragraph applies if the person has—

(a)been convicted of any offence involving fraud or other dishonesty;

(b)been declared bankrupt; or

(c)been disqualified from being a director of a company.

(4) The Scottish Ministers must take into account the declaration made under paragraph (2), and any other material they consider relevant, in assessing whether a person is fit and proper for the purposes of paragraph (1).

(5) The proposed scheme administrator must provide the Scottish Ministers with any information they require for the purpose of that assessment.

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