Question reference: S6W-03027
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
- Date lodged: 20 September 2021
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Current status: Answered by Shona Robison on 1 October 2021
Question
To ask the Scottish Government what its position is on whether the short-term let licensing legislation contradicts the Provision of Services Regulations in UK law.
Answer
The Scottish Government’s position is that the short-term let licensing legislation does not contradict the Provision of Services Regulations, the Human Rights Act 1998 (The First Protocol, Article 1), nor The Charter of Fundamental Rights of the European Union (Article 17). The Scottish Government’s position is that the development of the legislation for the short-term lets licensing scheme is in line with the Better Regulation Agenda. The Scottish Government expects local authorities to adhere to the Scottish Regulators’ Strategic Code of Practice when developing their short-term lets licensing procedures and policies.
Before any government legislation is laid at the Scottish Parliament, government lawyers carry out robust analysis to ensure that it is competent. or the licensing legislation, that includes ensuring that the Licensing Order is made within the parameters and powers of the Civic Government (Scotland) Act 1982.
The Scottish Government is in the process of carefully reviewing the responses to the third public consultation on our proposals, which closed on 13 August 2021, with a view to making any further necessary revisions to the licensing legislation.