# The Property Factors (Scotland) Act 2011 (Commencement No. 2 and Transitional) Order 2012

S.S.I. 2012/149 · made 17 May 2012

This Order brings into force on 1stJuly 2012, Part1 of the Property Factors (Scotland) Act 2011 (“the Act”) on the registration of property factors, insofar as it is not already in force, except for sections1(2) (making the register public) and 12 (offence of operating as a property factor without registration). It also brings into force on that day section 16 of the Act (dispute resolution) which provides for the homeowner housing panel and committees.

Made under: Property Factors (Scotland) Act 2011 (Section 30, Section 33)

PDFs: Printed copy https://openlegislation.uk/property-factors-scotland-act-2011-commencement-no-2-and-transitional-order-2012/pdf/ssi_20120149_en.pdf; Executive Note https://openlegislation.uk/property-factors-scotland-act-2011-commencement-no-2-and-transitional-order-2012/pdf/ssien_20120149_en.pdf

## Introductory text

Property Factors
Made 17th May 2012
Laid before the Scottish Parliament 21st May 2012
Coming into force 1st July 2012
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 30(2) and 33(2) and (4) of the Property Factors (Scotland) Act 2011.

## 1 Citation and commencement

This Order may be cited as the Property Factors (Scotland) Act 2011 (Commencement No. 2 and Transitional) Order 2012 and comes into force on 1st July 2012.

## 2 Appointed day

(1) The day appointed for the coming into force of the provisions of the Property Factors (Scotland) Act 2011 (“the Act”) specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule) is 1st July 2012.
(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision comes into force on 1st July 2012 for that purpose only.

## 3 Transitional

A person is not guilty of an offence under section 12(1) of the Act (operating as a property factor without registration) where—
(a) the person is not operating as a property factor on 1st July 2012, but is so operating on 1st October 2012 having made an application for entry in the register; and
(b) the application has not yet been determined by the Scottish Ministers under section 4 of the Act.

## Signature

KEITH BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th May 2012

## 

Column 1
Provisions of the Act
Column 2
Subject Matter
Column 3
Purpose
Section 1(1)
Register of property factors
Section 3
Application for registration
Any purpose for which section 3 is not already in force.
Sections 4 to 6
Registration; considerations in relation to registration; notification of registration, refusal to register or removal
Section 7
Duty of responsible person to provide information
Any purpose for which section 7 is not already in force.
Sections 8 and 9
Removal from register; effect of refusal to enter in register or removed from register
Section 10(1) to (4)
Section 9: interpretation etc.
Section 11
Appeal against refusal to register or removal from register
Section 13
Property factor registered numbers
Any purpose for which section 13 is not already in force.
Section 16
Naming of homeowner housing panel and re-naming of committees

## Explanatory note

(This note is not part of the Order)
This Order brings into force on 1st July 2012, Part 1 of the Property Factors (Scotland) Act 2011 (“the Act”) on the registration of property factors, insofar as it is not already in force, except for sections 1(2) (making the register public) and 12 (offence of operating as a property factor without registration). It also brings into force on that day section 16 of the Act (dispute resolution) which provides for the homeowner housing panel and committees.
Article 3 makes transitional provision so those whose applications for registration as a property factor have not been determined by 1st October 2012 are not guilty of the offence of operating as a property factor without registration. It extends the protection provided by section 12(2) of the Act to those who begin to act as a property factor after 1st July 2012.
The Bill for the Act received Royal Assent on 7th April 2011. Part 3 of the Act came into force on 8th April 2011.

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Source: https://www.legislation.gov.uk/ssi/2012/149 (the official version)
Page: https://openlegislation.uk/property-factors-scotland-act-2011-commencement-no-2-and-transitional-order-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.