Part 2Dispute resolution
General
26Recovery of costs from property factors in relation to certain applications and orders
1
The Scottish Ministers may by regulations make provision about the recovery of relevant costs from property factors where—
a
the president of the homeowner housing panel refers an application to a homeowner housing committee under section 18(1)(a),
b
a homeowner housing committee makes a property factor enforcement order against a factor.
2
In this section, “relevant costs” means costs incurred by—
a
the homeowner housing panel,
b
the president of the panel,
c
homeowner housing committees,
in relation to the exercise of functions conferred by sections 16 to 25 of this Act.
3
Regulations under subsection (1) may in particular—
a
provide for charges to be imposed on property factors,
b
provide for charges to be imposed in either or both of the circumstances referred to in subsection (1),
c
provide for different charges to be imposed in different cases or different classes of case,
d
confer functions (including functions relating to the imposition and determination of charges) on—
i
the homeowner housing panel,
ii
the president of the panel,
iii
homeowner housing committees,
e
make provision about how charges may be recovered.
4
The Scottish Ministers must, in exercising their functions under subsection (1), secure that the income from any charges imposed by virtue of the regulations does not exceed the relevant costs.
5
Regulations under subsection (1) may modify any enactment (including this Act).
6
Regulations under subsection (1) are not to be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.