Regulation 4 Additional information to be included in an application for registrationI1
Scotland
An application under section 30 of the Act must include the additional information specified in paragraphs (2), (3) and (4).
The information required for every application is—
a contact telephone number and email address (if any) for the applicant;
a relevant website address (if any) belonging to the applicant;
whether the application is—
for the applicant to be entered in the register; or
to renew that person’s existing entry in the register;
if the application is to renew an existing entry, the letting agent registration number allocated to the applicant;
details of any previous application made by the applicant under section 30 of the Act which has been refused by the Scottish Ministers;
the trading name used by, if different from the name of, the applicant;
in the case where the applicant has been removed from the register by the Scottish Ministers under section 38, 39 or 40 of the Act, details of that removal including the number previously allocated to the applicant whilst registered;
in the case where the applicant is a member of the Law Society of Scotland, the identification number allocated by that society to the applicant;
in relation to the applicant, any information relevant to the material falling within section 34(2) of the Act unless an identification number has been provided by the applicant under sub-paragraph (h);
details of any letting agent enforcement order which has been made against the applicant;
in the case where the applicant is a body which is—
entered in the Scottish Charity Registerf1;
registered as a charity in England and Wales in accordance with section 30 of the Charities Act 2011f2; or
registered as a charity in Northern Ireland in accordance with section 16 of the Charities Act (Northern Ireland) 2008f3;
that body’s charity number;
whether the applicant—
holds professional indemnity insurance; or
has equivalent F1or greater protection through membership of another body;
if the applicant holds professional indemnity insurance, the policy number, and the name of the provider, of that insurance;
if the applicant has equivalent F2or greater protection to professional indemnity insurance through membership of another body, details of that membership;
if the applicant holds client money protection insurance, the policy number, and the name of the provider, of that insurance;
if the applicant has equivalent F7or greater protection to client money protection insurance through membership of another body, details of that membership;
details of—
any licence, voluntary accreditation or other registration connected with letting agency work, held by the applicant;
any such licence, voluntary accreditation or other registration previously held by the applicant which has been revoked; and
any refusal to grant such a licence, voluntary accreditation or other registration to the applicant; F8...
the number of offices where letting agency work is undertaken, operated by the applicant.
F9; and
the date when the applicant commenced carrying out letting agency work
The information required in relation to —
an applicant who is a natural person is—
any previous names by which that person has been known;
the residential address for that person during the period of 5 years ending with the date of the application; and
the date of birth of that person;
each identified person is—
a contact telephone number and email address (if any) for that person;
any previous names by which that person has been known;
the residential address for that person during the period of 5 years ending with the date of the application;
the date of birth of that person;
details of any application made by that person under section 30 of the Act which has been refused by the Scottish Ministers;
if that person has been removed from the register by the Scottish Ministers under section 38, 39 or 40 of the Act, the details of that removal including the number previously allocated to that person whilst registered;
if the person is a member of the Law Society of Scotland, the identification number allocated by that society to that person;
any information relevant to the material falling within section 34(2) of the Act unless an identification number has been provided under paragraph (vii); and
details of any letting agent enforcement order against that person.
The information required in relation to the training requirements in regulation 5, for each specified person is—
the name of that person;
the job title of that person;
that person’s business role;
the title and date of the relevant qualification held by that person;
the name and contact details of the body which awarded that relevant qualification; and
in the case where regulation 5(1)(b) applies a record which contains—
a description of each item of training completed by that person indicating whether the item constitutes verifiable formal training;
the number of hours attributable to each item of training; and
where requested by the Scottish Ministers, the documentary evidence in respect of each item of verifiable formal training completed by that person.
Annotations
Textual amendments
- F1
Words in reg. 4(2)(l)(ii) inserted (31.1.2018) by The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(a)
- F2
Words in reg. 4(2)(n) inserted (31.1.2018) by The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(a)
- F3
Words in reg. 4(2)(o) inserted (31.1.2018) by The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(b)
- F4
Words in reg. 4(2)(o) substituted (1.10.2018) by The Letting Agent Registration (Scotland) Amendment Regulations 2018 (S.S.I. 2018/196), regs. 1, 2(2)(a)
- F5
Words in reg. 4(2)(p) substituted (1.10.2018) by The Letting Agent Registration (Scotland) Amendment Regulations 2018 (S.S.I. 2018/196), regs. 1, 2(2)(b)
- F6
Words in reg. 4(2)(p)(ii) inserted (31.1.2018) by The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(a)
- F7
Words in reg. 4(2)(r) inserted (31.1.2018) by The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(a)
- F8
Word in reg. 4(2) omitted (31.1.2018) by virtue of The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(d)
- F9
Reg. 4(2)(u) and word inserted (31.1.2018) by The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 (S.S.I. 2017/428), regs. 1, 2(2)(e)
Commencement
Footnotes
- f1
-
The Scottish Charity Register is kept by the Office of the Scottish Charity Regulator under section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).
- f2
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2011 c.25. Section 30 was amended by S.I. 2016/997.
- f3