Housing (Scotland) Act 2014

39Revocation of registrationS

This section has no associated Explanatory Notes

(1)The Scottish Ministers may remove a registered letting agent from the register if they are satisfied that—

(a)the agent is not, or is no longer, a fit and proper person to carry out letting agency work,

(b)any other person who is required to be identified in an application by virtue of section 30 or in accordance with the duty in section 37, is not, or is no longer, a fit and proper person in relation to letting agency work, F1...

(c)the agent does not meet the training requirements prescribed under section 32(2)(c) [F2, or

(d)the agent no longer exists.]

(2)Before removing a registered letting agent from the register under [F3subsection (1)(a), (b) or (c)] the Scottish Ministers must [F4(if possible)] give to the agent a notice stating that—

(a)they are considering removing the agent from the register and their reasons for doing so, and

(b)the agent has the right to make written representations to the Scottish Ministers before the date which is specified in the notice (such date to be at least 28 days after the date on which the notice is given).

[F5(2A)The Scottish Ministers must give further notice under subsection (2) if they are considering removing the agent from the register for reasons that differ from or supplement those previously notified.]

(3)In making their decision under this section the Scottish Ministers must consider any representations made in accordance with subsection (2)(b).

(4)The Scottish Ministers must [F6(if possible)], as soon as practicable after making a decision [F7under subsection (1)(a), (b) or (c)] to remove a registered letting agent from the register, notify the agent of—

(a)their decision and their reasons for that decision,

(b)the date of removal from the register.

Textual Amendments

Commencement Information

I1S. 39 in force at 31.1.2018 by S.S.I. 2016/412, art. 2, sch.