The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021

Interpretation

2.—(1) In this Order—

“commercial consideration” includes—

(a)

money,

(b)

a benefit in kind (such as provision of a service, or reciprocal use of accommodation),

“excluded accommodation” means accommodation described in schedule 1,

“guest” means a person occupying accommodation for the purposes of a short-term let,

“short-term let licence” means a licence for the activity designated by article 3,

“unique licence number” means a unique number which—

(a)

is assigned to each application or licence, and

(b)

contains a number or letters which—

(i)

identifies the licensing authority, and

(ii)

is used in every licence number used by the licensing authority,

“the 1982 Act” means the Civic Government (Scotland) Act 1982(1), and

“the 1997 Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1997(2).

(2) In this Order, “short-term let” means the grant of an agreement in the course of business for the use of residential accommodation (or a part of the accommodation) by a guest, where all of the following criteria are met—

(a) the guest does not occupy the accommodation as the guest’s only or principal home,

(b) the agreement is entered into for commercial consideration,

(c) the guest is not—

(i) an immediate family member of a person granting the agreement,

(ii) sharing the accommodation with a person granting the agreement for the principal purpose of facilitating the provision of work or services by the guest to that person or other members of the household, or

(iii) sharing the accommodation with a person granting the agreement for the principal purpose of advancing the guest’s education, as part of an arrangement made or approved by a school, college, or further or higher educational institution,

(d) the accommodation is not provided for the principal purpose of facilitating the provision of work or services by the guest to the person who is granting the agreement or to another member of that person’s household, and

(e) the accommodation is not excluded accommodation (see schedule 1).

(3) A private residential tenancy within the meaning of Part 1 of the Private Housing (Tenancies) (Scotland) Act 2016(3) is not a short-term let.

(4) For the purposes of this article, a person (“A”) is an immediate family member of another person (“B”) if A is—

(a) in a qualifying relationship with B,

(b) a qualifying relative of B,

(c) a qualifying relative of a person who is in a qualifying relationship with B, or

(d) in a qualifying relationship with a qualifying relative of B.

(5) For the purposes of paragraph (4)—

(a) two people are in a qualifying relationship with one another if they are—

(i) married to each other,

(ii) in a civil partnership with each other, or

(iii) living together as though they were married,

(b) “a qualifying relative” means a parent, grandparent, child, grandchild or sibling,

(c) two people are to be regarded as siblings if they have at least one parent in common,

(d) a person’s stepchild is to be regarded as the person’s child,

(e) a person (“C”) is to be regarded as the child of another person (“D”), if C is being or has been treated by D as D’s child.

(6) Schedule 1 has effect.

(1)

1982 c.45.

(2)

S.I. 1997/3061.

(3)

2016 asp 19.