Part 6Other housing matters

Property factors

64Registration: fit and proper person considerations

(1)

The Property Factors (Scotland) Act 2011 is modified as follows.

(2)

In section 5 (section 4: considerations)—

(a)

in subsection (2)(a)—

(i)

the word “or” immediately following sub-paragraph (ii) is repealed,

(ii)

after sub-paragraph (iii) insert “or

(iv)

firearms,”,

(b)

in subsection (2), after paragraph (a) insert—

“(aa)

been convicted of a sexual offence within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995,”,

(c)

in subsection (2)(c), for “the law relating to tenements, property or debt” substitute “—

(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.”,

(d)

after subsection (3) insert—

“(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.”,

(e)

after subsection (4) insert—

“(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.”.