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

Made: 28th June 2012

Coming into force in accordance with article 1

In accordance with section14(4) of the Act[^f00002], a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1

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.

Code of Practice

2

1stOctober 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.

Signed

KEITH BROWN — Authorised to sign by the Scottish Ministers — 28th June 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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”)[^f00003]. The property factor code of conduct was prepared under section14(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 section1(1) of the Act. A registered property factor is obliged to comply with the property factor code of conduct (in terms of section14(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 section4 of the Act) and any removal of a property factor from the register (in accordance with section8 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 section17(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.

Footnotes

[^f00001]: 2011 asp 8.

[^f00002]: Section14(4) has been modified by paragraph5(2) of schedule3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp10).

[^f00003]: A copy of the property factor code of conduct is annexed to the Executive Note accompanying this Order and is accessible at: www.legislation.gov.uk.

Editorial notes

[^key-315e857a3c3752d7b69c50d15aa29c53]: Art. 1 in force at 29.6.2012, see art. 1

[^key-c61cb1f67b1e5fd3affa8d90c759079b]: Art. 2 in force at 29.6.2012, see art. 1