The Property Factors (Code of Conduct) (Scotland) Order 2021

Citation and commencement

1.  This Order may be cited as the Property Factors (Code of Conduct) (Scotland) Order 2021 and comes into force on the day after the day on which it is made.

Code of Conduct

2.  The Scottish Ministers appoint 16 August 2021 as the day on which the property factor code of conduct entitled “Property Factors (Scotland) Act 2011: Code of Conduct for Property Factors” laid before the Scottish Parliament on 15 January 2021 comes into force.

Revocation

3.  The Property Factors (Code of Conduct) (Scotland) Order 2012(1) is revoked.

Saving provision

4.—(1) Paragraph (2) applies in relation to an application made to the First-tier Tribunal under section 17(1) of the 2011 Act prior to 16 August 2021.

(2) Where this paragraph applies, articles 2 and 3 have no effect until the date on which the application is determined.

(3) An application is determined when—

(a) the application is rejected under section 18(1)(b) of the 2011 Act,

(b) the First-tier Tribunal decides that the property factor to whom the application relates has not failed to—

(i) carry out the property factor’s duties, or

(ii) comply with the duty under section 14(5) of the 2011 Act,

(c) the First-tier Tribunal revokes a property factor enforcement order it has made in respect of the application, or

(d) an appeal against the making of a property factor enforcement order in relation to the application is withdrawn or finally determined.

(4) In this article, “the 2011 Act” means the Property Factors (Scotland) Act 2011.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd March 2021