Transitional provision S

3.—(1) Despite the commencement of section 44 (offence of operating as a letting agent without registration) of the Act, it is not an offence under subsection (1) of that section for a person who is not a registered letting agent to carry out letting agency work if—

(a) the person has, before [F1 2nd October 2018], made an application under section 30 of the Act, to be entered in the register; and

(b) the application has not yet been finally determined.

(2) For the purpose of paragraph (1)(b), an application is finally determined when—

(a) the applicant is entered in the register;

(b) it is withdrawn; or

(c) it is refused and either—

(i) the time limit for appeal against refusal expires without an appeal having been made; or

(ii) an appeal against refusal is dismissed or abandoned.

Textual Amendments

F1 Words in art. 3(1)(a) substituted (1.12.2017) by The Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017 (S.S.I. 2017/330), arts. 1(1), 2

Commencement Information

I1 Art. 3 in force at 23.12.2016, see art. 1(1)