Date lodged: 29 June 2016
To ask the Scottish Government what action it takes to make the fit and proper person test to be a property factor sufficiently robust, and how it monitors the effectiveness of the test.
Answered by: Kevin Stewart 14 July 2016
The Property Factors (Scotland) Act 2011 requires Scottish Ministers, when determining whether a property factor is fit and proper, to consider whether the factor, or any relevant person connected with the factor:
has been convicted of any offence involving fraud or other dishonesty, violence or drugs;
has any court or tribunal judgments against them under the Equalities Act 2010, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion Or Belief) Regulations 2003;
has contravened any provision of the law relating to tenements, property or debt.
As the Act does not give Scottish Ministers specific investigatory powers their ability to monitor the effectiveness of the fit and proper test is limited. Within those limits, Scottish Ministers consider any relevant information provided by the property factor or a third party and will take steps to review an entry on the register if they have reasonable grounds to suspect that information provided is, or has become, inaccurate. They may also require the person to provide a criminal conviction certificate as evidence to support the information provided in the application.