Draft Order laid before the Scottish Parliament under section 14(4) of the Property Factors (Scotland) Act 2011, for approval by resolution of the Scottish Parliament.
2021 No.
The Property Factors (Code of Conduct) (Scotland) Order 2021
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 14(3)(c)1 of the Property Factors (Scotland) Act 20112 (“the Act”) and all other powers enabling them to do so.
In accordance with section 14(1) and (2) of the Act, they have prepared a property factor code of conduct, published a draft of the code, consulted with such bodies as they consider appropriate and also with the general public about the draft, considered representations about the draft made to them and amended the draft accordingly.
In accordance with section 14(3) of the Act, they have laid the property factor code of conduct before the Scottish Parliament and published the code.
In accordance with section 14(4) of the Act3, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Property Factors (Code of Conduct) (Scotland) Order 2021 and comes into force on the day after the day on which it is made.
Code of Conduct2
The Scottish Ministers appoint 16 August 2021 as the day on which the property factor code of conduct entitled “Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors” laid before the Scottish Parliament on 15 January 2021 comes into force.
Revocation3
The Property Factors (Code of Conduct) (Scotland) Order 20124 is revoked.
Saving provision4
1
Paragraph (2) applies in relation to an application made to the First-tier Tribunal under section 17(1) of the 2011 Act prior to 16 August 2021.
2
Where this paragraph applies, articles 2 and 3 have no effect until the date on which the application is determined.
3
An application is determined when—
a
the application is rejected under section 18(1)(b) of the 2011 Act,
b
the First-tier Tribunal decides that the property factor to whom the application relates has not failed to—
i
carry out the property factor’s duties, or
ii
comply with the duty under section 14(5) of the 2011 Act,
c
the First-tier Tribunal revokes a property factor enforcement order it has made in respect of the application, or
d
an appeal against the making of a property factor enforcement order in relation to the application is withdrawn or finally determined.
4
In this article, “the 2011 Act” means the Property Factors (Scotland) Act 2011.
(This note is not part of the Order)