OpenLegislation

The Property Factors (Scotland) Act 2011 (Modification) 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 9780111017579

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 29(3) of the Property Factors (Scotland) Act 2011, for approval by resolution of the Scottish Parliament.

Property Factors

Made 2012

Coming into force 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 29(1) and (2) and 30(2) of the Property Factors (Scotland) Act 2011f1 and all other powers enabling them to do so.

In accordance with section 29(3) of that 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 (“the 2011 Act”).

f2

Section 29(3) 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. 2Modification – register of property factors
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Property Factors (Scotland) Act 2011 (Modification) Order 2012 and comes into force on the day after the day on which it is made.

2Modification – register of property factors

After section 1(2) of the Property Factors (Scotland) Act 2011, insert—

“(2A)

The Scottish Ministers may omit any material which falls within section 5(2) from the register made available for public inspection if they consider it appropriate to do sof1.”.

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 amends the Property Factors (Scotland) Act 2011 to make supplementary provision to allow material about individuals directly concerned with the control or governance of property factors to be excluded from the register of property factors when the register is made available to the public.

The material which can be excluded relates to—

  • conviction of any offence involving fraud or other dishonesty, violence or drugs;

  • practice of unlawful discrimination on the grounds of any of the protected characteristics in Part 2 of the Equality Act 2010 (c.15) – the protected characteristics are currently: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; and sexual orientation; and

  • contravention of any provision of the law relating to tenements, property or debt.

No business and regulatory impact assessment has been prepared for this Order as no impact upon business, charities or voluntary bodies is foreseen.