The Letting Agent Registration (Scotland) Regulations 2016

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations make provision about the registration of letting agents.

Regulation 3 sets out information which must be included in the register of letting agents (“the register”) in addition to the name and address of the person entered in the register which is required by section 29(2)(a) of the Housing (Scotland) Act 2014 (“the Act”).

Section 30 of the Act specifies certain information which must be included in an application to be entered in the register or to renew an existing entry in the register. Regulation 4 sets out additional information which must also be included.

Regulation 5 sets out the training requirements which must be met. The persons who must have undertaken the training are specified in regulation 6. The training includes a qualification specified in regulation 7 and where the qualification was attained more than 3 years prior to the date the application was made then the person must have undertaken relevant training as set out in regulation 5(2).

Regulation 8 provides that an applicant who is a natural person or an identified person must provide a criminal conviction certificate (a “basic disclosure”) where this is required by the Scottish Ministers if they suspect that the information provided in the application in relation to that individual by virtue of regulation 4(2)(i) or 4(3)(b)(viii) is, or has become, inaccurate.