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Housing (Scotland) Act 2014, Section 39 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 31/01/2018
(1)The Scottish Ministers may remove a registered letting agent from the register if they are satisfied that—
(a)the agent is not, or is no longer, a fit and proper person to carry out letting agency work,
(b)any other person who is required to be identified in an application by virtue of section 30 or in accordance with the duty in section 37, is not, or is no longer, a fit and proper person in relation to letting agency work, or
(c)the agent does not meet the training requirements prescribed under section 32(2)(c).
(2)Before removing a registered letting agent from the register under this section the Scottish Ministers must give to the agent a notice stating that—
(a)they are considering removing the agent from the register and their reasons for doing so, and
(b)the agent has the right to make written representations to the Scottish Ministers before the date which is specified in the notice (such date to be at least 28 days after the date on which the notice is given).
(3)In making their decision under this section the Scottish Ministers must consider any representations made in accordance with subsection (2)(b).
(4)The Scottish Ministers must, as soon as practicable after making a decision to remove a registered letting agent from the register, notify the agent of—
(a)their decision and their reasons for that decision,
(b)the date of removal from the register.
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