Housing (Scotland) Act 2025

67 Note on register where refusal or removal

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

(2) After section 8A (inserted by section 66) insert—

“Consequences of refusal or removal

8B Note in register following refusal to enter or removal

(1) If the Scottish Ministers refuse to enter a person in the register under section 4(5), they must, after the date of final refusal, note that fact in the register.

(2) If the Scottish Ministers remove a person from the register under section 8(1) 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 11(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 3 years 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.”.