- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 August 2021
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Current Status:
Answered by Maree Todd on 23 August 2021
To ask the Scottish Government whether it plans to introduce a travel test package of NHS COVID-19 tests, offered at a fixed price, for travellers returning to Scotland, similar to that provided for travellers returning to Wales.
Answer
The Scottish Government currently only allows travellers returning from green and amber list countries to use NHS Covid-19 tests.
These home PCR kits are sold at a fixed price and can be booked through CTM, the UK Government’s booking portal for international travel.
Wales currently also only allow use of NHS Covid-19 tests, booked through CTM and have the same fixed pricing structure as offered in Scotland.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 14 July 2021
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Current Status:
Answered by Michael Matheson on 22 August 2021
To ask the Scottish Government what assessment it has made of whether SEPA would be able to enforce the Deposit Return Scheme in the rest of the UK.
Answer
SEPA has the ability to carry out enforcement and investigatory activity in relation to compliance with the Deposit Return Scheme (DRS) Regulations of businesses based outside Scotland, although their powers will not be as extensive as they would be in relation to those with a presence in Scotland.
SEPA has the power to cancel the registration of a producer that has failed to comply with its obligations under the DRS Regulations. That would make it an offence for anyone to sell their scheme articles to a consumer in Scotland.
SEPA works to an enforcement policy that sets out a wide range of tools at its disposal. SEPA is currently drafting a compliance strategy to support Scotland's DRS. SEPA will use all the tools available to it to ensure compliance with the DRS Regulations and a level playing field are achieved for businesses.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 19 July 2021
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Current Status:
Answered by Shona Robison on 16 August 2021
To ask the Scottish Government whether it plans to update building standards regulations to require higher energy-efficiency standards for new-build residential developments.
Answer
A review of the energy standards of the Scottish building regulations is currently under way. This is considering options to further improve the energy performance of both new residential developments and all other new buildings. It also considers the energy performance requirements where relevant new construction work is carried out to existing buildings.
The consultation can be accessed at:
Scottish Building Regulations: Proposed changes to Energy Standards and associated topics, including Ventilation, Overheating and Electric Vehicle Charging Infrastructure - Scottish Government - Citizen Space (consult.gov.scot) .
The new energy performance requirements are programmed to take effect in 2022.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 22 July 2021
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Current Status:
Answered by Shona Robison on 16 August 2021
To ask the Scottish Government how many cases there have been of property factors operating without the appropriate (a) registration, and (b) approval through the property factor register, in each year since 2011.
Answer
It is not possible to know how many factors have been operating without registration each year.
Where the Scottish Ministers are made aware of a property factor operating without registration we will take action where there is evidence to support the allegation.
Operating as a factor without registration is a criminal offence and as such the investigation of such matters is for Police Scotland. Where concerns have been raised with the Scottish Government and we believe these require investigation by the Police, we will provide information of these concerns to the Police and cooperate with their investigations. We would encourage any property owner who considers that their factor is operating without registration to report the matter to Police Scotland.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 22 July 2021
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Current Status:
Answered by Shona Robison on 16 August 2021
To ask the Scottish Government whether it plans to broaden the remit of the First-tier Tribunal for Scotland housing and property chamber to consider whether the fee charged by a property factor is (a) excessive, or (b) otherwise unjustified.
Answer
The Code of Conduct for Property Factors sets out minimum standards of practice and encourages transparency, while ensuring that homeowners know what to expect from their property factors. A revised Code of Conduct for Property Factors was approved by resolution of the Scottish Parliament in March 2021. This brought the Code of Conduct up to date, clarified and strengthened it, ensuring that all registered property factors operate consistently and to the appropriate standards, while also giving homeowners confidence in what their factor is offering them. The responses from homeowners to the public consultation for a revised Code of Conduct for Property Factors did not suggest that excessive or unjustified management fees was an area of concern. The consultation opened on 6 October 2017 and closed on 15 January 2018. You can find details of the consultation, an analysis of responses and view submitted responses at:
https://consult.gov.scot/housing-regeneration-and-welfare/code-of-conduct-for-registered-property-factors/
A property factor must provide each homeowner with a comprehensible written statement of services that sets out, in a simple, structured way, the terms and service delivery standards of the arrangement in place between them and the homeowner. This includes a requirement to set out the management fee charged by the property factor and the property factor’s policy for reviewing and increasing or decreasing this management fee. The revised Code will come into force on 16 August 2021.
While the Scottish Government has no plans to make changes that affect the remit of the First-tier Tribunal for Scotland (Housing and Property Chamber) at present, it is our intention to review the existing legislation to identify areas for consideration to strengthen and support the improved operation of the regulatory regime for property factors. We hope to undertake this work in the latter half of this operational year with the intention of including any proposed changes in a suitable legislative vehicle thereafter.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 22 July 2021
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Current Status:
Answered by Shona Robison on 16 August 2021
To ask the Scottish Government how many property factors have been de-registered in each year since 2011, broken down by whether the factor was deregistered due to (a) no longer being considered to be a fit and proper person to be registered as a property factor, (b) having failed to comply with the obligation to include its registration number in correspondence sent to homeowners and (c) having failed to demonstrate compliance with (i) the property factor Code of Conduct and (ii) any property factor enforcement order made against the property factor by the First-tier Tribunal.
Answer
The information requested is contained in the following table:
Year (See Note 1) | Number removed from the register of property factors (See Note 2) | Removed under S4(7) as registration expired after 3 year period without an application for renewal | Removed under 8(1) (not fit and proper - failed to comply with the Code and / or a property factor enforcement order(s) (See Note 3) | Removed under 8(1) (dissolved / no longer a legal entity) |
2011 | N/A | N/A | N/A | N/A |
2012 | 0 | 0 | 0 | 0 |
2013 | 0 | 0 | 0 | 0 |
2014 | 0 | 0 | 0 | 0 |
2015 | 20 | 19 | 1 | 0 |
2016 | 38 | 37 | 1 | 0 |
2017 | 19 | 15 | 0 | 4 |
2018 | 24 | 20 | 0 | 4 |
2019 | 44 | 42 | 1 | 1 |
2020 | 16 | 16 | 0 | 0 |
Note 1:
The register of property factors opened in October 2012 so no data is available for 2011.
Note 2:
The Property Factors (Scotland) Act 2011, allows that a property factor can be removed from the register for the following reasons:
- under section 4(7) (a) - where registrations are removed as no further application is received before expiry of the previous registration.
- under section 8(1) for no longer being a fit and proper person or failing to demonstrate compliance with:
o the property factor code of conduct, or
o any property factor enforcement order.
- under section 8(1) for no longer being a fit and proper person as they are no longer a legal entity (technical removal).
No Property Factor has been removed for failing to comply with their obligations around use of their property factor registered number.
Note 3:
Any non-voluntary removal of registration would be expected to be on the basis of a range of issues and not related to a single issue such as not complying with the requirements around the use of a property factor registered number.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 22 July 2021
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Current Status:
Answered by Shona Robison on 16 August 2021
To ask the Scottish Government how many property factors have been registered, as required by the Property Factors (Scotland) Act 2011, in each year since 2011, broken down by (a) those remaining on the register, (b) those who have been newly admitted to the register, and (c) those who have been removed from the register.
Answer
The information requested is contained in the following table:
Year (See Note 1) | Number registered | Number remaining on register | Number newly admitted to register | Number removed from register (See Note 2) |
2011 | N/A | N/A | N/A | N/A |
2012 | 242 | N/A | 242 | 0 |
2013 | 326 | 242 | 84 | 0 |
2014 | 365 | 326 | 39 | 0 |
2015 | 381 | 365 | 36 | 20 |
2016 | 384 | 381 | 41 | 38 |
2017 | 403 | 384 | 38 | 19 |
2018 | 404 | 403 | 25 | 24 |
2019 | 387 | 404 | 27 | 44 |
2020 | 393 | 387 | 22 | 16 |
Note 1:
The register of property factors opened in October 2012 so no registration data is available for 2011.
Note 2:
The Property Factors (Scotland) Act 2011, allows that a property factor can be removed from the register for the following reasons:
- under section 4(7) (a) - where registrations are removed as no further application is received before expiry of the previous registration.
- under section 8(1) - for no longer being a fit and proper person or failing to demonstrate compliance with:
o the property factor code of conduct, or
o any property factor enforcement order.
- under section 8(1) - for no longer being a fit and proper person as they are no longer a legal entity (technical removal).
Property Factors are required to apply for renewal of their registration every 3 years and a register entry must be removed if the factor does not submit an application to renew.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 19 July 2021
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Current Status:
Answered by Shona Robison on 12 August 2021
To ask the Scottish Government whether it plans to increase the warranty offered on new-build residential developments, beyond two years.
Answer
The Scottish Government is working with the UK Government to explore how the proposed New Homes Ombudsman scheme, within the UK Building Safety Bill, could operate in Scotland. The aims of the scheme are to provide better protection to consumers purchasing new build homes and to make access to remediation simpler and easier. The Scottish Government is committed to continuing to work with the UK Government as the Bill moves through its amendments process, to try to achieve a UK-wide scheme that works for the people of Scotland and respects the devolution settlement.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 19 July 2021
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Current Status:
Answered by Shona Robison on 12 August 2021
To ask the Scottish Government whether it has plans to make it easier for homeowners to take action against housing developers for poor construction.
Answer
In the UK warranties for new-build residential homes typically consist of a two-year ‘developer warranty’, followed by a further eight years of structural cover. A warranty on a new build property is a type of insurance policy, meaning that any changes to the existing time periods for which such a warranty would apply falls within the remit of the UK Government as a reserved matter in line with Schedule 5 of the Scotland Act 1998.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 23 July 2021
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Current Status:
Answered by Keith Brown on 4 August 2021
To ask the Scottish Government how many of the cases considered by the First-tier Tribunal for Scotland housing and property chamber were found in favour of the (a) complainant and (b) property factor since 2011.
Answer
“This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who will reply in writing within 20 days” .