2022 No. 33
The Town and Country Planning (Short-term Let Control Areas) (Scotland) Amendment Regulations 2022
Made
Coming into force
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 19971 and 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.
Citation and commencement1
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.
Amendment of the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 20212
1
The Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 20212 are amended in accordance with paragraphs (2) to (4).
2
In regulation 1(2) (interpretation)—
a
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 1931 6 applies,
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
in paragraph (1)(a) after “provided” insert “in the course of business”
,
b
after paragraph (1)(b) insert—
ba
the accommodation is not provided under an excluded tenancy,
4
In the schedule (excluded accommodation)—
a
in paragraph 1—
i
omit sub-paragraphs (a), (b), (c), (d) and (k),
ii
in paragraph (e) for “care is provided to people in need of care” substitute “personal care is provided to residents”
,
iii
after paragraph (k) insert—
l
premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 20057 has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of that Act.
b
in paragraph 2—
i
omit the definitions of “aparthotel”, “hostel” and “serviced apartment”,
ii
before the definition of “student accommodation” insert—
“personal care” has the same meaning as in paragraph 20 of schedule 12 of the Public Services Reform (Scotland) Act 20108,
“refuge” means premises used wholly or mainly for providing accommodation to persons who have been subject to any incident or pattern of incidents, of—
- a
controlling, coercive or threatening behaviour,
- b
physical violence,
- c
abuse of any other description (whether physical or mental in nature), or
- d
threats of any such violence or abuse,
iii
in the definition of “student accommodation” for “solely” substitute “predominantly”
.
(This note is not part of the Regulations)