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The Property Factors (Code of Conduct) (Scotland) Order 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111016954

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 14(4) of the Property Factors (Scotland) Act 2011 for approval by resolution of the Scottish Parliament.

Property Factors

Made 2012

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 14(3)(c) of the Property Factors (Scotland) Act 2011f1 (“the Act”) and all other powers enabling them to do so.

In accordance with section 14(1) and (2) of the Act, they have prepared a property factor code of conduct, published a draft of the code, consulted with such bodies as they consider appropriate and also with the general public about the draft, considered representations about the draft made to them and amended the draft accordingly.

In accordance with section 14(3) of the Act, they have laid the property factor code of conduct before the Scottish Parliament and published the code.

In accordance with section 14(4) of the Actf2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2011 asp 8.

f2

Section 14(4) has been modified by paragraph 5(2) of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Code of Practice
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Property Factors (Code of Conduct) (Scotland) Order 2012 and comes into force on the day after the day on which it is made.

2Code of Practice

1st October 2012 is the day appointed for the coming into force of the property factor code of conduct entitled “Property Factors (Scotland) Act 2011: property factor code of conduct” laid before the Scottish Parliament on 30th April 2012.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order brings into force a code of conduct setting out minimum standards of practice for property factors registered in the register of property factors (the “property factor code of conduct”)f1. The property factor code of conduct was prepared under section 14(1) of the Property Factors (Scotland) Act 2011 (“the Act”).

The register of property factors is to be prepared and maintained by the Scottish Ministers in accordance with section 1(1) of the Act. A registered property factor is obliged to comply with the property factor code of conduct (in terms of section 14(5) of the Act).

The Scottish Ministers will consider compliance with the property factor code of conduct in deciding whether or not to accept an application for entry in the register of property factors (in accordance with section 4 of the Act) and any removal of a property factor from the register (in accordance with section 8 of the Act).

A homeowner may apply to the homeowner housing panel for determination of whether a property factor has failed to ensure compliance with the property factor code of conduct (applications are made under section 17(1) of the Act).

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Endeavour House, Greenmarket, Dundee, DD1 4QB, and online at www.legislation.gov.uk.