Thank you for your letter of 9 February 2017 requesting the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):Since the Property Factors (Scotland) Act 2011 has been brought into force:
- How many criminal prosecutions have taken place in relation to alleged contraventions of this Act and
- many such prosecutions are currently in contemplation.
Firstly, it may assist to explain that the Crown Office and Procurator Fiscal Service’s case management database is a live, operating database. It is designed to meet our business needs in relation to the processing of cases and the information within it is structured accordingly. We do not have a separate statistical database, and hold only operational data needed for business purposes. Where we do provide information, the data provided refers to the number of charges
and not the number of persons or cases reported; one of more charge(s) may relate to the same accused person. Having explained this, I have completed my search for the information you have requested and I can advise the following:
In relation to your first request, there have been no criminal prosecutions in relation to contraventions of the Property Factors (Scotland) Act 2011.
In relation to your second request, there is one live Police report under consideration by the Procurator Fiscal.