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The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022

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There are currently no known outstanding effects for the The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, Paragraph 6. Help about Changes to Legislation

Temporary exemption from the requirement to have a licenceS

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6.  After paragraph 1 (applications for the grant and renewal of licences) insert—

1A.[F1(1)  Subject to sub-paragraph (1A), a licensing authority may, on application made to it, grant a temporary exemption from the requirement to obtain a short-term let licence in relation to a specified property or properties.

(1A) A temporary exemption from the requirement to obtain a short-term let licence may only be granted in relation to a specified property or properties if, in one calendar year—

(a)there are no more than three separate periods of temporary exemption for that property or those properties, and

(b)the total period of temporary exemption for that property or those properties (whether one, two or three periods of exemption are granted) is 6 weeks or less.]

(2) A licensing authority may consult the chief constable and the Scottish Fire and Rescue Service in relation to an application made under sub-paragraph (1).

(3) A licensing authority may attach conditions to an exemption granted under sub-paragraph (1), and the provisions of Part I of this Act relating to the attaching of conditions to licences apply to the attaching of conditions to exemptions under this subsection.

(4) A licensing authority may elect not to grant exemptions under sub-paragraph (1) for—

(a)any premises, or

(b)for a class or classes of premises.

(5) A licensing authority must publish, and keep under review, a statement of its policy in relation to the exercise of its functions under this paragraph.

(6) A licensing authority must publish a policy statement under sub-paragraph (5)—

(a)on or before 1 October 2022, and

(b)on or before 1 October every three years thereafter.

(7) In preparing and reviewing a policy statement under sub-paragraph (5), a licensing authority must consult with such persons as the licensing authority considers appropriate.

(8) A policy statement published under sub-paragraph (5) must include information regarding—

(a)the fees chargeable for a temporary exemption application, and

(b)the time period within which the licensing authority will reach a final decision on a temporary exemption application.

(9) The policy statement published under sub-paragraph (5) must be made available on the licensing authority’s website..

Textual Amendments

Commencement Information

I1Sch. 2 para. 6 in force at 1.3.2022, see art. 1

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