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The Property Factors (Scotland) Act 2011 (Commencement No. 2 and Transitional) Order 2012

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Scottish Statutory Instruments

2012 No. 149 (C. 12)

Property Factors

The Property Factors (Scotland) Act 2011 (Commencement No. 2 and Transitional) Order 2012

Made

17th May 2012

Laid before the Scottish Parliament

21st May 2012

Coming into force

1st July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 30(2) and 33(2) and (4) of the Property Factors (Scotland) Act 2011(1).

Citation and commencement

1.  This Order may be cited as the Property Factors (Scotland) Act 2011 (Commencement No. 2 and Transitional) Order 2012 and comes into force on 1st July 2012.

Appointed day

2.—(1) The day appointed for the coming into force of the provisions of the Property Factors (Scotland) Act 2011 (“the Act”) specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule) is 1st July 2012.

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 1st July 2012 for that purpose only.

Transitional

3.  A person is not guilty of an offence under section 12(1) of the Act (operating as a property factor without registration) where—

(a)the person is not operating as a property factor on 1st July 2012, but is so operating on 1st October 2012 having made an application for entry in the register(2); and

(b)the application has not yet been determined by the Scottish Ministers under section 4 of the Act.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th May 2012

Article 2

SCHEDULE

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Section 1(1)

Register of property factors

Section 3

Application for registrationAny purpose for which section 3 is not already in force.
Sections 4 to 6Registration; considerations in relation to registration; notification of registration, refusal to register or removal
Section 7Duty of responsible person to provide informationAny purpose for which section 7 is not already in force.
Sections 8 and 9Removal from register; effect of refusal to enter in register or removed from register
Section 10(1) to (4)Section 9: interpretation etc.
Section 11Appeal against refusal to register or removal from register
Section 13Property factor registered numbersAny purpose for which section 13 is not already in force.
Section 16Naming of homeowner housing panel and re-naming of committees

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st July 2012, Part 1 of the Property Factors (Scotland) Act 2011 (“the Act”) on the registration of property factors, insofar as it is not already in force, except for sections 1(2) (making the register public) and 12 (offence of operating as a property factor without registration). It also brings into force on that day section 16 of the Act (dispute resolution) which provides for the homeowner housing panel and committees.

Article 3 makes transitional provision so those whose applications for registration as a property factor have not been determined by 1st October 2012 are not guilty of the offence of operating as a property factor without registration. It extends the protection provided by section 12(2) of the Act to those who begin to act as a property factor after 1st July 2012.

The Bill for the Act received Royal Assent on 7th April 2011. Part 3 of the Act came into force on 8th April 2011.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:—

Provision

Date of Commencement

S.S.I. No.

Section 1(3)23rd September 20112011/328
Section 223rd September 20112011/328
Section 3 (partially)23rd September 20112011/328
Section 7 (partially)23rd September 20112011/328
Section 10(5)23rd September 20112011/328
Section 13 (partially)23rd September 20112011/328
Section 1423rd September 20112011/328
Section 1523rd September 20112011/328
Section 2523rd September 20112011/328
Section 2623rd September 20112011/328

The remainder of the Act (including section 12 in Part 1) will come into force on 1st October 2012 under section 33(2) of the Act.

(1)

2011 asp 8 (“the Act”).

(2)

The register of property factors for the purposes of Part 1 (see section 1) of the Act.

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