Back to the Scottish Parliament Business Bulletin No. 7/2011: Tuesday 18 January 2011
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Section G – Bills

New amendments to Bills lodged on 17 January 2011

Property Factors (Scotland) Bill – Stage 2

Amendments 116 and 117 below have both been lodged as manuscript amendments under Rule 9.10.6. The Convener to the Local Government and Communities Committee has decided under that rule to allow both amendments to be moved at the meeting of the Committee on Wednesday 19 January.

Section 9

Patricia Ferguson

116 In section 9, page 6, line 29, at end insert––

<( ) homeowners may take a decision to manage land (where they are required by burdens contained within their title deeds or land certificates to pay for the cost of management or maintenance of such land) by appointing a new property factor, or no property factor, in accordance with the procedures in relation to such decisions in their title deeds or land certificates or sections 28 and 64 of the Title Conditions (Scotland) Act 2003 (asp 9) (as applied by section 70A of that section),>

Before section 26

Patricia Ferguson

117 Before section 26, insert––

<Amendments to Title Conditions (Scotland) Act 2003

After section 70 of the Title Conditions (Scotland) Act 2003 (asp 9) insert––

70A Application of Act in relation to property factors

(1) Where any of paragraphs (a) to (c) of section 9(1) of the Property Factors (Scotland) Act 2011 (asp 00) (“the 2011 Act”) apply, the following sections apply as if the references in those sections to a manager of property, manager or, as the case may be, manager of related properties included a reference to a property factor––

section 3(7),

section 28,

section 64.

(2) For the purposes of section 66, as it applies in relation to section 64 as applied by subsection (1) above, the expression “related properties” includes “land” as defined in section 28 of the 2011 Act.

(3) In subsection (1), “property factor” has the meaning given by section 2 of the 2011 Act.”.>

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