Citation, commencement and interpretationS

1.—(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—

(a)

money,

(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 1973(1),

“excluded accommodation” means accommodation described in the schedule,

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

(a)

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

(b)

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

(c)

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

(d)

a student residential tenancy,

(e)

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

(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—

(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

(b)

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

Textual Amendments

Commencement Information

I1Reg. 1 in force at 1.4.2021, see reg. 1(1)