The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021

Citation, commencement and interpretationS

This section has no associated Policy Notes

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)