Transitional3.
A person is not guilty of an offence under section 12(1) of the Act (operating as a property factor without registration) where—
(a)
the person is not operating as a property factor on 1st July 2012, but is so operating on 1st October 2012 having made an application for entry in the register2; and
(b)
the application has not yet been determined by the Scottish Ministers under section 4 of the Act.