The next item of business is stage 3 proceedings on the Property Factors (Scotland) Bill. In dealing with amendments, members should have the bill as amended at stage 2, the marshalled list and the groupings, which the Presiding Officer has agreed.
Group 1 concerns minor amendments. Amendment 1, in the name of Patricia Ferguson, is grouped with amendments 31, 3, 12, 14, 32 to 34, 16A, 16B, 18 and 19.
As you rightly identified, Presiding Officer, group 1 is about minor amendments.
I am sorry, Ms Ferguson, could you move your microphone a wee bit toward you?
Thank you, Presiding Officer.
I support this group of amendments, all of which are minor tidying and drafting points.
Group 2 is on property factor registered numbers. Amendment 2, in the name of Patricia Ferguson, is grouped with amendments 10, 16 and 25.
All these amendments concern the issue of a number to identify a property factor who is registered. Amendment 2 amends section 4(4) of the bill to ensure that a factor’s previous compliance with the requirements to include the registration number in documents or communications is a relevant consideration when ministers are deciding whether a factor should be reregistered.
I support the amendments, which relate to the use of property factor registered numbers. Registered factors will be required to use their registration number in communications with customers and others who ministers specify. That will add another element of transparency to the registration system. Failing to use the registration number in that way will be a relevant consideration for registration and deregistration decisions. I believe that that is appropriate.
Group 3 is on the provision of updated information. Amendment 4, in the name of Patricia Ferguson, is grouped with amendments 5 to 9.
Amendment 4 amends section 7(2) to clarify the factor’s continuing duty to provide updated information as soon as practicable after a change occurs to the information provided in the application for registration under sections 3(2)(a) to (d). Examples of such details are the factor’s name, business address, company status and the name of the senior officer. That specifically excludes information about updates to the full portfolio list of managed properties as provided under section 3(2)(e), which is subject to what I hope is a more proportionate duty by virtue of amendment 5.
I support the amendments. In the stage 1 debate I said that a requirement for a factor to send in updates every time that there was a change in their portfolio of managed properties would be unnecessarily onerous. The amendments remove that requirement and replace it with a more proportionate requirement on property factors to provide updated portfolio information to the Scottish ministers on an annual basis. It is my view that an annual update of a factor’s portfolio list of managed properties is sufficient and not too burdensome a duty.
Group 4 is on the consequences of refusal to enter in, or removal from, the register. Amendment 11, in the name of Patricia Ferguson, is grouped with amendment 13.
Amendment 11, which amends section 9(2), clarifies that a factor will not be able to recover any costs that are incurred in respect of work that is instructed after the date of their removal from the register and that they will not be able to recover any charges that relate to a period after that date.
I support the amendments. It is appropriate that charges for work that is carried out after a factor has been de-registered or refused entry to the register should not be recoverable. However, the amendments recognise that work can be instructed before that time and that factors should be able to recover the associated costs.
Group 5 is on offences under section 12 by bodies corporate et cetera. Amendment 15, in the name of Patricia Ferguson, is the only amendment in the group.
Amendment 15 deals with the application of offence provisions under section 12 in relation to corporate bodies. Although the amendment is technical in nature, it is important to clarify in the bill how those offence provisions should apply to corporate bodies, which are, after all, likely to account for most—if not all—property factors.
I support amendment 15, which ensures parity of treatment between property factors that operate as sole traders and those that operate as corporate bodies. That is important, as the majority of property factors are likely to have corporate or partnership status.
Group 6 is on parliamentary procedure for orders under sections 13 and 26. Amendment 17, in the name of Patricia Ferguson, is grouped with amendments 24 and 26.
The amendments in this group were suggested by the Subordinate Legislation Committee. Amendment 17 amends section 13(3), recognising the legal effect of the code of conduct by requiring the order-making power in section 13 to be subject to affirmative procedure.
I support the amendments. I agree with the assessment of the Subordinate Legislation Committee that any exercise of the power of the Scottish ministers to delegate their functions under the bill would be a significant matter and should, therefore, require approval by the Parliament.
Group 7 is on appeals—part 2. Amendment 20, in the name of Patricia Ferguson, is grouped with amendments 21 and 22.
Amendment 20 amends section 21(1) to clarify that any appeals to the sheriff under section 21 would be by summary application. The amendment will ensure consistency with appeals under section 11(8).
I support the amendments, which relate to the new form of dispute resolution that is established under part 2.
Group 8 is on the relationship between the bill and the Title Conditions (Scotland) Act 2003. Amendment 23, in the name of Patricia Ferguson, is grouped with amendments 27 to 29.
Amendment 23 removes section 25A. The Government’s intention is to use the power under section 26A to make ancillary provision to cover matters such as the appointment of new factors following deregistration and to make provision generally for the interaction of the bill with the Title Conditions (Scotland) Act 2003. I support that intention.
I support the amendments, which are technical in nature. They make important drafting points to clarify the relationship of the bill to the 2003 act and correct the fact that there are two different definitions of homeowner in the bill.
Group 9 is on commencement. Amendment 30, in the name of Patricia Ferguson, is the only amendment in the group.
Amendment 30 will amend section 29(2) to provide that the bill, other than part 3, should commence generally on 1 October 2012 or such earlier date as the Scottish ministers may by order appoint. By virtue of section 29(2A), as inserted at stage 2, part 3 of the bill will commence on the day after the day on which the bill receives royal assent.
I support amendment 30, which will allow an additional 12 months until 1 October 2012 for the commencement of parts 1 and 2 of the bill. The establishment of a register of property factors and a new form of dispute resolution between home owners and factors will require careful implementation. Moving the final date for the commencement of the provisions to 1 October 2012 will give the Scottish Government and key stakeholders time to carry out the necessary implementation work.
That ends consideration of amendments.
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