Regulation 1 Citation, commencement and interpretationI1

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.

In these Regulations—

• F1“the 1993 Act” means the Crofters (Scotland) Act 1993,

• “the 2003 Act” means the Agricultural Holdings (Scotland) Act 2003,

• “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—

  1. (a)

     money,

  2. (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^f1,

• “excluded accommodation” means accommodation described in the schedule,

• F2“excluded tenancy” means a tenancy which is—

  1. (a)

     a 1991 Act tenancy (within the meaning of section 1(4) of the 2003 Act),

  2. (b)

     a modern limited duration tenancy (within the meaning of section 5A of the 2003 Act),

  3. (c)

     a short limited duration tenancy (within the meaning of section 4 of the 2003 Act),

  4. (d)

     a student residential tenancy,

  5. (e)

     a tenancy of a croft (within the meaning of section 3 the 1993 Act),

  6. (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,

• “student residential tenancy” means a tenancy—

  1. (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

  2. (b)

     to which paragraph 5(2) of schedule 1 of the 2016 Act applies.