UK Offence Report

The Letting Agents (Notice Requiring Information) (Scotland) Regulations 2018

Scottish Statutory Instrument 2018 No. 115 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
29 March 2018
In force from
26 May 2018
Extent
Not stated
Subject
Housing, planning, heritage and land
Made under
Housing (Scotland) Act 2014

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for a notice requiring information from a person who appears to be a letting agent for the purpose of monitoring compliance with Part 4 of the Housing (Scotland) Act 2014 (“the 2014 Act”). Regulation 2 provides that a notice must be in one of the forms set out in the schedule, depending on whether the recipient is or is not a registered letting agent. Regulation 3 provides for the methods by which a notice may be served. Regulation 4 provides that there is a 28-day time limit for complying with the notice. This time limit may be extended by another 28 days if the Scottish Ministers are satisfied that there is good reason and the request to extend is made before the time limit expires. Failure to comply with the notice may be considered by the Scottish Ministers when deciding if a person is a fit and proper person to be registered as a letting agent under section 34(1) of the 2014 Act and is an offence under section 56(1) of the 2014 Act. No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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