174.This section modifies section 5 of 2011 Act to provide that the Scottish Ministers must, when deciding whether a person is a fit and proper person to be a property factor, have regard (among other things) to any material that shows that any person who is (or is to be) directly concerned with the control or governance of the property factor, has been convicted of any offence involving firearms or has been convicted of a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995), or has contravened a provision of the law in relating to housing, landlord and tenant law, or the law relating to property.
175.In addition, it provides that the Scottish Ministers must have regard to any material if it shows the extent to which any such person has (i) failed to provide information required under section 14A or 14B(2)(d)(i) of the 2011 Act, (ii) obstructed a person acting in the proper exercise of the person’s functions under sections 14B to 14D of that Act, or failed to comply with a requirement made by a person who is so acting.
Crown Application Property factors Section 64 - Registration: fit and proper person considerations