Part 6

Other housing matters

Property factors

Monitoring of compliance
69
1
The Property Factors (Scotland) Act 2011 is modified as follows.
2
After section 14 insert—

Monitoring of compliance

Power to obtain information
14A
1
The Scottish Ministers may, for the purpose of monitoring compliance with the provisions of this Part, serve a notice on a person who appears to be a property factor requiring the person to provide them with information specified in the notice.
2
The Scottish Ministers may by regulations make further provision about the requiring of information under subsection (1) and, in particular, may make provision about—
a
the form of the notice and the manner of service,
b
the time within which information must be provided.
3
Any requirement for a person to provide information in accordance with a notice under subsection (1) does not have effect to the extent that the person would be entitled to refuse to provide the information in, or for the purposes of, proceedings in a court in Scotland.

Power to carry out inspections
14B
1
For the purpose of monitoring compliance with the provisions of this Part, an authorised person may carry out an inspection of premises which appear to be being used for the purpose of carrying out the activities of a property factor.
2
For the purposes of carrying out the inspection, the authorised person may—
a
enter and inspect the premises,
b
require the production of any book, document, data or record (in whatever form it is held) and inspect it, and take copies of or extracts from it,
c
take possession of any book, document, data or record (in whatever form it is held) which is on the premises and retain it for as long as the authorised person considers necessary,
d
require any person to—
i
give the authorised person such information as the authorised person considers necessary,
ii
afford the authorised person such facilities and assistance as the authorised person considers necessary.
3
Any requirement for a person to give information in accordance with subsection (2)(d)(i) does not have effect to the extent that the person would be entitled to refuse to give the information in, or for the purposes of, proceedings in a court in Scotland.
4
In this section—
- “authorised person” means a person authorised by the Scottish Ministers,
- “premises” includes any place and any vehicle, vessel, or moveable structure.

Warrants for entry
14C
1
A sheriff may by warrant authorise a person to enter premises (if necessary using reasonable force) for the purpose of carrying out an inspection under section 14B.
2
A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath—
a
that there are reasonable grounds for entering the premises in question, and
b
that—
i
entry to the premises has been or is likely to be refused and that notice of the intention to apply for a warrant under this section has been given to the occupier,
ii
a request for entry, or the giving of such notice, would defeat the object of the proposed entry,
iii
the premises are unoccupied, or
iv
the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return.

Inspections: supplementary
14D
1
A person entering any premises under section 14B(2)(a) or in accordance with a warrant granted under section 14C may take on to the premises such other persons and such equipment as the person considers necessary.
2
A right to enter any premises conferred by section 14B(2)(a) may be exercised only at a reasonable time.
3
The occupier of the premises concerned must be given at least 24 hours’ notice before a person carries out an inspection under section 14B unless the person carrying out the inspection considers that giving such notice would defeat the object of the proposed inspection.
4
A person carrying out an inspection under section 14B must, if required to do so, produce written evidence of the person’s authorisation to carry out the inspection.
5
On leaving any premises which a person is authorised to enter by a warrant granted under section 14C, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as the person found them.
6
A person who takes possession of any item under section 14B(2)(c) must leave a statement on the premises from which the item was removed—
a
giving particulars of what has been taken, and
b
stating that the person has taken possession of it.

Information and inspection: offence
14E
1
It is an offence for a person who has been required to provide information in accordance with section 14A or 14B(2)(d)(i)—
a
without reasonable excuse, to fail or refuse to provide the information,
b
to knowingly or recklessly make any statement in respect of that information which is false or misleading in a material particular.
2
It is an offence for a person—
a
to intentionally obstruct a person acting in the proper exercise of the person’s functions under sections 14B to 14D,
b
without reasonable excuse, to fail to comply with any requirement made under section 14B(2)(b) or (d)(ii) by a person who is so acting.
3
A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
S. 69 not in force at Royal Assent, see s. 86(2)