Interpretation
2
1
In this Order—
- “1982 Act” means the Civic Government (Scotland) Act 1982,
- “accommodation” includes the whole or any part of a premises,
- “commercial consideration” includes—
  1. money,
  2. a benefit in kind (such as the reciprocal use of accommodation),
- “excluded accommodation” means accommodation described in paragraph 1 of schedule 1,
- “excluded tenancy” means a tenancy described in paragraph 2 of schedule 1,
- “
foster child
” has the same meaning as in section 1 of the Foster Children (Scotland) Act 1984
as read with section 2 of that Act,
- “guest” means a person who occupies accommodation under a short-term let,
- “host” means a person who is the owner, tenant, or person who otherwise exercises control over occupation and use, of the accommodation which is the subject of a short-term let,
- “unique licence number” means a unique number which—
  1. is assigned to each application or licence, and
  2. contains a number or letters which—
    1. identifies the licensing authority, and
    2. is used in every licence number assigned by the licensing authority.
2
Where the accommodation is let to more than one person under a short-term let, references in this Order to the guest are to any one of those persons.
3
For the purposes of Article 3, 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.
4
For the purposes of paragraph (3)—
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 or foster child 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.
5
Schedule 1 has effect.
Word in art. 2(1) substituted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 2(2)(a)(i)
Words in art. 2(4)(d) inserted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 2(2)(b)
Words in art. 2(1) inserted (30.8.2024) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (S.S.I. 2024/227), arts. 1(1), 2(2)(a)(ii)
Art. 2 in force at 1.3.2022, see art. 1