Citation, commencement and interpretationI11

1

These Regulations may be cited as the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021 and come into force on 1 April 2021.

2

In these Regulations—

  • F1“the 1993 Act” means the Crofters (Scotland) Act 1993,

  • F1“the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003,

  • F1“the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 2016,

  • “the Act” means the Town and Country Planning (Scotland) Act 1997,

  • “commercial consideration” includes—

    1. a

      money,

    2. b

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

  • “community council” means a community council established in accordance with the provisions of Part 4 of the Local Government (Scotland) Act 19732,

  • “excluded accommodation” means accommodation described in the schedule,

  • F2“excluded tenancy” means a tenancy which is—

    1. a

      a 1991 Act tenancy (within the meaning of section 1(4) of the 2003 Act),

    2. b

      a modern limited duration tenancy (within the meaning of section 5A of the 2003 Act),

    3. c

      a short limited duration tenancy (within the meaning of section 4 of the 2003 Act),

    4. d

      a student residential tenancy,

    5. e

      a tenancy of a croft (within the meaning of section 3 the 1993 Act),

    6. f

      a tenancy of a holding situated outwith the crofting counties (within the meaning of section 61 of the 1993 Act) to which any provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies,

  • “section 26B designation” means a designation under section 26B(1) of the Act of an area as a short-term let control area.

  • F3“student” has the same meaning as in paragraph 5 of schedule 1 (tenancies which cannot be private residential tenancies) of the 2016 Act,

  • F3“student residential tenancy” means a tenancy—

    1. a

      the purpose of which is to confer on the tenant the right to occupy the let property while the tenant is a student, and

    2. b

      to which paragraph 5(2) of schedule 1 of the 2016 Act applies.