
1 
These Regulations may be cited as the Property Factors (Registration) (Scotland) Regulations 2012 and come into force on 1st July 2012.
2 
In these Regulations—
 “the Act” means the Property Factors (Scotland) Act 2011;
 “relevant person” means any person who is (or is to be) directly concerned with the control or governance of a property factor who is—
(a) trading as a sole trader;
(b) mentioned in section 3(2)(c) of the Act; or
(c) mentioned in section 3(8) of the Act; and
 “property” means—
(a) each dwelling house or flat, the owner (or common or joint owners) of which has (or have) a share in common parts of land referred to in section 2(1)(a) or (b) of the Act; and
(b) each residential property mentioned in section 2(1)(c) or (d) of the Act.
3 
An application for registration under section 3(1) of the Act must also specify—
(a) any conviction of a relevant person relating to any offence involving a matter mentioned in section 5(2)(a) of the Act;
(b) any court or tribunal judgment against a relevant person under the Equality Act 2010 or any of—
(i) the Equal Pay Act 1970;
(ii) the Sex Discrimination Act 1975;
(iii) the Race Relations Act 1976;
(iv) the Disability Discrimination Act 1995;
(v) the Employment Equality (Sexual Orientation) Regulations 2003;
(vi) the Employment Equality (Religion or Belief) Regulations 2003; and
(c) in relation to a contravention by a relevant person of a provision mentioned in section 5(2)(c) of the Act—
(i) any conviction of an offence; or
(ii) any finding of a court or tribunal.
4 
The Scottish Ministers may require the applicant to provide a criminal conviction certificate (within the meaning of section 112 of the Police Act 1997) as evidence of the information in the application for registration under section 3(1) of the Act or if they have reasonable grounds to suspect that information provided under regulation 3(a) or (c)(i) is, or has become, inaccurate.
5 

(1) The fees prescribed for the purposes of the Scottish Ministers determining fees under section 3(3)(b) of the Act (fees for application for registration) are—
(a) where an applicant for registration acts, or expects to act, as a property factor in relation to 100 or fewer properties, the sum of £100;
(b) where an applicant for registration acts, or expects to act, as a property factor in relation to more than 100 properties, the sum of £370.
(2) The number of properties in relation to which an applicant acts, or expects to act, is determined as at the date of the submission of the application for registration.
KEITH BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th May 2012