Explanatory Notes

Property Factors (Scotland) Act 2011

2011 asp 8

7 April 2011

The Act

Part 2 – Dispute Resolution

Section 26 – Recovery of costs from property factors in relation to certain applications and orders

88.Subsection (1) enables provision to be made by the Scottish Minsters (in regulations approved by the Scottish Parliament) for costs incurred by the homeowner housing panel, president and committee under Part 2 of the Act (except under section 27) to be recouped from a property factor in any case where an application is referred to a homeowner housing committee under section 18(1)(a) or a property factor enforcement order is made against the property factor. Subsection (3) provides additional details on what provision may be made in regulations under subsection (1).

89.Subsection (4) ensures that this power can only be exercised to recover costs.