5Section 4: considerationsS
(1)In deciding for the purposes of section 4(4)(a) or (b)(i) whether a person is a fit and proper person to be a property factor, the Scottish Ministers are to have regard (among other things) to any material falling within subsections (2) to (4).
(2)Material falls within this subsection if it shows that any person who is (or is to be) directly concerned with the control or governance of the property factor, has––
(a)been convicted of any offence involving––
(i)fraud or other dishonesty,
(ii)violence, F1...
(iii)drugs, [F2or
(iv)firearms,]
[F3(aa)been convicted of a sexual offence within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995,]
(b)practised unlawful discrimination on the grounds of any of the protected characteristics in Part 2 of the Equality Act 2010 (c.15), or
(c)contravened any provision of [F4—
(i)the law relating to housing,
(ii)landlord and tenant law,
(iii)the law relating to property (including tenements),
(iv)the law relating to debt.]
(3)Material falls within this subsection if it shows the extent to which any other property factor with which the person (or any other person who is, or is to be, directly concerned with the control or governance of the property factor) is or has previously been involved demonstrates or demonstrated compliance with—
(a)the property factor code of conduct, and
(b)any property factor enforcement order made against that other property factor by [F5the First-tier Tribunal].
[F6(3A)Material falls within this subsection if it shows the extent to which any person mentioned in subsection (1) has—
(a)failed to provide information in accordance with section 14A or 14B(2)(d)(i),
(b)obstructed a person acting in the proper exercise of the person’s functions under sections 14B to 14D,
(c)failed to comply with a requirement made by a person who is so acting.]
(4)Where the person is, or has previously been, registered, material falls within this subsection if it shows that the person has failed to pay any charges imposed by virtue of section 26.
[F7(5)The Scottish Ministers may by regulations modify this section by adding to, removing or varying any material in subsections (2) to (4).
(6)Regulations under subsection (5) are subject to the affirmative procedure.]
Textual Amendments
F1Word in s. 5(2)(a)(ii) repealed (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 64(2)(a)(i), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
F2S. 5(2)(a)(iv) and word inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 64(2)(a)(ii), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
F3S. 5(2)(aa) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 64(2)(b), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
F4Words in s. 5(2)(c) substituted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 64(2)(c), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
F5Words in s. 5(3)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 3 (with sch. 1 para. 5)
F6S. 5(3A) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 64(2)(d), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
F7S. 5(5)(6) inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 64(2)(e), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
Commencement Information
I1S. 5 in force at 1.7.2012 by S.S.I. 2012/149, art. 2, sch. (with art. 3)