The Town and Country Planning (Short-term Let Control Areas) (Scotland) Amendment Regulations 2022

JurisdictionScotland
CitationSSI 2022/33

2022 No. 33

Town And Country Planning

The Town and Country Planning (Short-term Let Control Areas) (Scotland) Amendment Regulations 2022

Made 27th January 2022

Coming into force 1st March 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 26B(5) and 275 of the Town and Country Planning (Scotland) Act 19971and all other powers enabling them to do so.

In accordance with section 275(7BA) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

The Scottish Ministers before making these Regulations have consulted planning authorities and such other persons as they considered appropriate.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (Short-term Let Control Areas) (Scotland) Amendment Regulations 2022 and come into force on 1 March 2022.

S-2 Amendment of the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021

Amendment of the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021

2.—(1) The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 20212are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)—

(a)

(a) before the definition of “the Act” insert—

the 1993 Act” means the Crofters (Scotland) Act 19933,

the 2003 Act” means the Agricultural Holdings (Scotland) Act 20034,

the 2016 Act” means the Private Housing (Tenancies) (Scotland) Act 20165,

”,

(b)

(b) after the definition of “excluded accommodation” insert—

“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 19316applies,

”,

(c)

(c) after the definition of “section 26B designation” insert—

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

“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.

(3) In regulation (2) (short-term let)—

(a)

(a) in paragraph (1)(a) after “provided” insert “in the course of business”,

(b)

(b) after paragraph (1)(b) insert—

(ba)

(ba) the accommodation is not provided under an excluded tenancy,

(4) In the schedule...

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