The Letting Agent Registration (Scotland) Regulations 2016

Publication Date:January 01, 2016
 
FREE EXCERPT

2016No. 432

HOUSING

The Letting Agent Registration (Scotland) Regulations 2016

Made20thDecember2016

Laid before the Scottish Parliament22ndDecember2016

Coming into force31stJanuary2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 29(2)(b), 30(2)(f), 32(2)(c) and (3) and 101(1) of the Housing (Scotland) Act 2014( 1) and all other powers enabling them to do so.

Citation and commencement

1. These Regulations may be cited as the Letting Agent Registration (Scotland) Regulations 2016 and come into force on 31st January 2018.

Interpretation

2. In these Regulations—

‘the Act’ means the Housing (Scotland) Act 2014;

‘identified person’ means any person who is required to be identified in an application by virtue of section 30(2)(d) or (e) of the Act;

‘specified person’ is a person specified in regulation 6;

‘relevant qualification’ means a qualification specified in regulation 7;

‘verifiable formal training’ means training—

(a) which comprises courses, conferences, lectures, seminars or webinars; and

(b) for which there is documentary evidence that the person has undertaken or delivered the training.

Additional information to be contained in an entry in the register

3. An entry in the register must include—

(a) the trading name used by, if different from the name of, the person entered in the register;

(b) the letting agent registration number allocated to that person;

(c) details of a relevant website address (if any) belonging to that person; and

(d) the contact telephone number of that person, if the inclusion of that number in the register is agreed to by that person.

Additional information to be included in an application for registration

4.—(1) An application under section 30 of the Act must include the additional information specified in paragraphs (2), (3) and (4).

(2) The information required for every application is—

(a) a contact telephone number and email address (if any) for the applicant;

(b) a relevant website address (if any) belonging to the applicant;

(c) whether the application is—

(i) for the applicant to be entered in the register; or

(ii) to renew that person's existing entry in the register;

(d) if the application is to renew an existing entry, the letting agent registration number allocated to the applicant;

(e) details of any previous application made by the applicant under section 30 of the Act which has been refused by the Scottish Ministers;

(f) the trading name used by, if different from the name of, the applicant;

(g) 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;

(h) 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;

(i) 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);

(j) details of any letting agent enforcement order which has been made against the applicant;

(k) in the case where the applicant is a body which is—

(i) entered in the Scottish Charity Register( 2);

(ii) registered as a charity in England and Wales in accordance with section 30 of the Charities Act 2011( 3); or

(iii) registered as a charity in Northern Ireland in accordance with section 16 of the Charities Act (Northern Ireland) 2008( 4);

that body's charity number;

(l) whether the applicant—

(i) holds professional indemnity insurance; or

(ii) has equivalent protection through membership of another body;

(m) if the applicant holds professional indemnity insurance, the policy number, and the name of the provider, of that insurance;

(n) if the applicant has equivalent protection to professional indemnity insurance through membership of another body, details of that membership;

(o) confirmation that the applicant holds client money in one or more separate and dedicated client bank accounts;

(p) whether the applicant—

(i) holds client money protection insurance; or

(ii) has equivalent protection through membership of another body;

(q) if the applicant holds client money protection insurance, the policy number, and the name of the provider, of that insurance;

(r) if the applicant has equivalent protection to client money protection insurance through membership of another body, details of that membership;

(s) details of—

(i) any licence, voluntary accreditation or other registration connected with letting agency work, held by the applicant;

(ii) any such licence, voluntary accreditation or other registration previously held by the applicant which has been revoked; and

(iii) any refusal to grant such a licence, voluntary accreditation or other registration to the applicant; and

(t) the number of offices where letting agency work is undertaken, operated by the applicant.

(3) The information required in relation to —

(a) an applicant who is a natural person is—

(i) any previous names by which that person has been known;

(ii) the residential address for that person during the period of 5 years ending with the date of the application; and

(iii) the date of birth of that person;

(b) each identified person is—

(i) a contact telephone number and email address (if any) for that person;

(ii) any previous names by which that person has been known;

(iii) the residential address for that person during the period of 5 years ending with the date of the application;

(iv) the date of birth of that person;

(v) details of any application made by that person under section 30 of the Act which has been refused by the Scottish Ministers;

(vi) 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;

(vii) if the person is a member of the Law Society of Scotland, the identification number allocated by that society to that person;

(viii) 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

(ix) details of any letting agent enforcement order against that person.

(4) The information required in relation to the training requirements in regulation 5, for each specified...

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