The Structure and a Summary of the Act Removal from the register
100.Section 38 provides that, unless a new application is made under section 30, the Scottish Ministers must remove a registered letting agent from the register after three years from the date of registration.
101.Section 39 provides that the Scottish Ministers may remove a registered letting agent from the register without waiting for the expiry of the three-year registration period if they consider the agent, or any other person who is required to be identified in an application by virtue of section 30, is not, or is no longer, or never was, a fit and proper person to carry out letting agency work or if the agent does not meet the training requirements prescribed under section 32(2)(c). Subsections (2) to (4) set out aspects of the process that the Scottish Ministers must follow before removing the person, including giving notice to the agent informing the agent of the right to make representations to the Scottish Ministers. There is also a requirement under subsection (4)(a) for the Scottish Ministers to provide their reasons for deciding to remove an agent from the register.
102.Section 40 provides for a letting agent to apply to the Scottish Ministers to be removed from the register. The Scottish Ministers have a duty to do so if they are satisfied that the letting agent is no longer operating and it is otherwise appropriate to do so. The Scottish Ministers should also inform the agent of their decision, and provide reasons where they decide to refuse. Where the Scottish Ministers remove an agent from the register they are to inform the agent of the date of removal.