Seòmar agus comataidhean

  Section 5 of the Property Factors (Scotland) Act 2011 and section 3 of the Property Factors (Registration) (Scotland) Regulations 2012 set the information a property factor must provide and the matters which Scottish Ministers must have due regard to when considering whether to enter a person on the register of property factors (the register).

As part of the application process, the 2012 regulations require a person to supply information relating to a fit and proper person test. This takes the form of self declaration of the information referred to under section 5 of the 2011 Act.

Scottish Ministers may consider any relevant information provided by the property factor and/or a third party including public records and will take steps to review an entry on the register if they have reasonable grounds to suspect that information provided is, or has become, inaccurate. The Act does not provide specific investigatory powers although a person may also be required to provide a criminal conviction certificate as evidence to support the information provided in the application.

No applications to enter the register have been refused by Scottish Ministers since 2012.

The Scottish Government does not provide an approved contractor list for energy efficiency contractors. However, the Scottish Government funds Home Energy Scotland to provide free and impartial advice on making homes easier and cheaper to heat.

The Energy Efficient Scotland consultation ran from May to the end of July 2018 and sought views on the proposed phasing of voluntary and mandatory action to improve the energy efficiency of owner occupier properties. Responses to the consultation are now being analysed and the Scottish Government will respond to the consultation in due course.

A date for a future detailed consultation has not yet been set. Its timing should be appropriate to ensure that the owner occupied sector is able to be fully engaged with the need for improvement to the energy efficiency of all properties, as achieving the targets set for Energy Efficient Scotland is likely to mean intervening in people’s homes in a way we have never done before.

Landlords are required to provide Energy Performance Certificates (EPCs) at the point of rental under the Energy Performance of Buildings (Scotland) Regulations 2008, as amended. Regulation 17 of the Regulations provides enforcement authorities with the power to impose a penalty charge notice. The amount payable for dwellings or buildings that are ancillary to dwellings is £500.

We consulted in 2017 on proposals to require a minimum EPC rating in private rented properties, including a proposal that local authorities would be able to issue civil fines to landlords whose properties failed to meet minimum standards. The Energy Efficient Scotland Route Map confirmed that we will bring forward standards which will apply from April 2020. Detail of the enforcement process, including relevant penalties, will be set out in draft regulations in 2019.

All households in Scotland are entitled to apply for an interest free loan to improve the energy efficiency of their home. Our domestic energy efficiency loans are administered by the Energy Saving Trust (EST). A small number of applicants may be refused a loan if they have an unsatisfactory credit score and fail the credit assessment. In these cases customers have the option of appealing their initial credit assessment by going direct to the credit reference agency and completing a free report online that can be sent for further review. This service gives the customer a chance to give more detailed information and correct any inaccuracies that may have impacted the score in their initial report. EST can also carry out a manual review of applicants financial circumstances, reviewing bank statements payslips etc. to determine affordability. And finally, other individuals can act as a guarantor to the applicant.

All unsuccessful applicants are referred back to Home Energy Scotland, the Scottish Government funded advice and support service, to see if alternative support, including grants or equity loans, are available or appropriate including advice on how to reduce their fuel bills.

The Scottish Government fund Home Energy Scotland (HES) to provide free and impartial energy advice to all callers via a Freephone number and can offer face to face support where this is the best option for the householder. Our programmes use qualified assessors to identify suitable measures for the property and installs must be carried out by contractors who comply with national industry standards such as PAS 2030.

The Scottish Government believes that consumer protection and quality assurance must underpin delivery of an energy efficient Scotland. In the route map we published in May, we adopted the principles of robust consumer protection; high standards of quality; customer care; competence, skills and training: as well as health and safety. We have set up a Short Life Working Group with sector stakeholders that will use these principles to develop a new quality assurance framework that will be operational in 2020.

There is no minimum EPC level required for temporary accommodation. However, where temporary accommodation is provided in properties which are usually let as social housing, the property will be required to meet the Energy Efficiency Standard for Social Housing (EESSH), equivalent to EPC band D or C by 2020.

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 reply in writing within 20 days.

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 reply in writing within 20 days.

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 reply in writing within 20 days.