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PART 4Letting agents

Consequences of refusal or removal

42Note on register where refusal or removal

(1)Where the Scottish Ministers refuse to enter a person in the register or to renew a person’s existing entry in the register under section 32, they must, after the date of final refusal, note that fact in the register.

(2)Where the Scottish Ministers remove a person from the register under section 39 they must, after the date of final refusal, note that fact in the register.

(3)For the purposes of this section the date of final refusal is the later of the date on which—

(a)the period mentioned in section 41(2) expires without an appeal being made,

(b)where such an appeal has been made, the appeal is finally determined or abandoned.

(4)Where a fact is noted by virtue of subsection (1) or (2) it must—

(a)remain on the register for the period of 12 months beginning with the date on which the Scottish Ministers are required to note it in the register, and

(b)be removed from the register at the end of that period.

(5)But where a person in respect of whom the Scottish Ministers note a fact by virtue of subsection (1) or (2) is subsequently entered in the register before the end of the period mentioned in subsection (4)(a), the Scottish Ministers must remove the fact from the register.