Short-term lets - licensing scheme and planning control area legislation: draft business and regulatory impact assessment (BRIA)

Business and regulatory impact assessment (BRIA) relating to the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 (“the Licensing Order”) and the Town And Country Planning (Short-Term Let Control Areas) (Scotland) Regulations 2021 (“the Control Area Regulations”).

M: Legal Aid Impact Test

151. We do not anticipate any impact on the Legal Aid Fund from the Licensing Order or Control Area Regulations. It is possible for an individual to make an application for Legal Aid if they wish to appeal the decision of a licensing board (to the sheriff court). Prior to the Scottish Legal Aid Board considering whether to grant such an application, the client must set out why they would be adversely affected by the licensing board’s decision and their solicitor must set out a statement of the grounds for appeal. We anticipate that only a very few cases would both be appealed before a sheriff and be successful in obtaining legal aid.



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