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Month: January 2022

Inbound Traveller Advice Update 6th January 2022

Posted on by Fiona Campbell

People travelling to Scotland from abroad who are fully vaccinated or under the age of 18 will no longer need to take pre-departure Covid tests, and no longer be required to self-isolate on arrival until they’ve received a negative result, from 4am on Friday (7 January).

Travellers in this group will still need to take a test on or before day 2 after arriving in the UK – which can be a lateral flow device rather than a PCR test from Sunday.

Anyone who tests positive on their lateral flow test will need to isolate and take a free confirmatory PCR test.

In addition, vaccine certificates for a further 16 countries and territories have been approved to allow quarantine-free travel to Scotland from 4am on 10 January. The red list of highest risk countries will remain unchanged with no countries currently on the list.

Self-Isolation Rules, Right to Work & SSP Rebate Scheme

Posted on by Fiona Campbell

Changes to self-isolation rules

Nicola Sturgeon has announced that those self-isolating with coronavirus can end their isolation period after 7 days, providing they don’t have a fever and record 2 negative lateral flow tests (no earlier than day 6 and a second test at least 24 hours later).   There are specific requirements so please read the full guidance available at Coronavirus (COVID-19): Self-isolation guidance for individuals with possible coronavirus infection | NHS inform (note that gov.scot info on self-isolation now signposts to NHS Inform).    Please note, if an employee was told to self-isolate prior to 6 January, they should continue to follow the advice given at that time.

Additionally, throughout the UK, asymptomatic individuals who return a positive lateral flow will no longer have to confirm their result with a PCR test.

Digital right to work checks made permanent

Digital right to work (RTW) checks were introduced on a temporary basis to alleviate the practical difficulties associated with completing physical checks whilst working remotely during the Coronavirus pandemic. It has now been announced that a permanent system of digital RTW checks will be put into place from 6 April 2022.

The cost of the digital right-to-work checks are set to be funded by employers, with an individual check costing between £1.45 and £70, according to the Home Office. In addition, the costs will only be applied to documents from UK nationals, while the existing free online service can still be used for applications from overseas.

Details published of the re-opened SSP Rebate Scheme

On 21 December 2021, the UK Government re-opened the Coronavirus SSP Rebate Scheme

The Scheme covers the cost of up to two weeks’ SSP per employee for Covid-related absences to employers with fewer than 250 employees.

Making a claim

This two-week limit will be reset so an employer will be able to claim up to two weeks per employee regardless of whether they have claimed under the previous scheme for that same employee.

The portal will be live from mid-January 2022, but employers can backdate claims for any Covid-related absences beginning on or after 21 December 2021. Whilst this is described as a temporary scheme in government guidance, no end date has been confirmed for when this scheme will close.

The previous scheme

The existing portal closed on 31 December 2021 for any absences prior to 30 September 2021. Employers will not be able to claim for the period from 1 October – 20 December 2021 inclusive as there was no scheme in operation during that time.

Record keeping

Employers must keep the following records for three years from the date they receive payment for their claim:

  • The dates the employee was off sick
  • Which of those days were qualifying days
  • The reason they said they were off work due to Covid (e.g. positive test/isolation instruction)
  • The employee’s National Insurance number​​​​

Further guidance to be published

Under the previous SSP Rebate scheme, the waiting days were suspended for Covid-related absences to enable employers to pay SSP from the first qualifying day of sickness.  It is anticipated that this rule will continue when the scheme re-opens in January 2022, but further guidance is awaited on this point.

Parliamentary Questions & Answers

Posted on by Fiona Campbell

New questions regarding Short-Term Let Regulation have been lodged with the Scottish Government, and answers provided:

S6W-05415: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what discussions it has had with local authorities regarding its plans to regulate short-term lets. Current Status: Expected Answer date 21/01/2022

S6W-05401: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government whether there will be any penalties for local authorities that fail to enforce planned regulations on short-term lets, and, if so, what these penalties will be. Current Status: Expected Answer date 21/01/2022

S6W-05399: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government how many local authorities have applied to the Scottish Ministers to have an area designated as a Rent Pressure Zone since their introduction. Current Status: Expected Answer date 21/01/2022

S6W-05419: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what advice it has received on the legal compatibility of its plans to introduce licensing for short-term lets with plans, under discussion by the European Commission, to introduce a registration system for short-term lets across the EU. Current Status: Expected Answer date 21/01/2022

S6W-05413: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government how many meetings its ministers have had with bed and breakfast operators regarding plans to regulate their sector alongside short-term lets. Current Status: Expected Answer date 21/01/2022

S6W-05411: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government how many bed and breakfasts it estimates will close as a result of the implementation of new regulations for them and short-term lets. Current Status: Expected Answer date 21/01/2022

S6W-05403: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government how much financial support it has committed for local authorities to implement its proposed regulations for short-term lets and bed and breakfasts. Current Status: Expected Answer date 21/01/2022

S6W-05421: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what role it has planned for VisitScotland regarding the implementation and management of planned short-term let restrictions. Current Status: Expected Answer date 21/01/2022

S6W-05404: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what mitigations are in place to ensure that local authorities can safely meet the new duty to inspect short-term let properties in their area. Current Status: Expected Answer date 21/01/2022

S6W-05407: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what impact it expects new regulations on short-term lets to have on (a) the supply of affordable homes and (b) tackling Scotland’s reported housing crisis. Current Status: Expected Answer date 21/01/2022

S6W-05420: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what discussions it has had with VisitScotland regarding the tourist organisation’s role in the production and implementation of short-term let regulations. Current Status: Expected Answer date 21/01/2022

S6W-05405: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government whether it will commit to investing in a digital-first system to support local authorities to meet their duty to register, inspect and monitor short-term let properties in their area. Current Status: Expected Answer date 21/01/2022

S6W-05400: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what progress has been made to ensure that local authorities are prepared to meet the new duties to register, inspect and monitor short-term lets and bed and breakfasts in their area. Current Status: Expected Answer date 21/01/2022

S6W-05408: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what its position is on whether a reduction in the number of short- term lets and bed and breakfasts, as a result of its plans to further regulate these types of properties, would be a successful outcome. Current Status: Expected Answer date 21/01/2022

S6W-05412: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government for what reason it did not remove bed and breakfasts from regulations for short-term lets when these were introduced. Current Status: Expected Answer date 21/01/2022

S6W-05417: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what discussions it has had with local authorities regarding their power to designate all or part of their area a short-term let control area. Current Status: Expected Answer date 21/01/2022

S6W-05402: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government how much the implementation of its proposed regulations for short- term lets is expected to cost local authorities. Current Status: Expected Answer date 21/01/2022

S6W-05409: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what its position is on the causes of Scotland’s reported housing crisis, and whether this is the result of any previous underinvestment in affordable and social homes or an increase in short-term letting. Current Status: Expected Answer date 21/01/2022

S6W-05414: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government whether it has considered giving local authorities the option of opting out of its plans to regulate short-term lets. Current Status: Expected Answer date 21/01/2022

S6W-05422: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government what consideration it has given to Scotland’s ability to host international events if there is a significant reduction in the number of short-term lets as a result of further regulations. Current Status: Expected Answer date 21/01/2022

S6W-05416: Miles Briggs, Lothian, Scottish Conservative and Unionist Party, Date Lodged: 24/12/2021
To ask the Scottish Government whether it (a) has considered and (b) will consider using its power of veto on plans to designate all of Edinburgh a short-term let control zone. Current Status: Expected Answer date 21/01/2022

Answers

S6W-04928: Rachael Hamilton, Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party, Date Lodged: 09/12/2021
To ask the Scottish Government on what evidence it considers that the existing timescales for local authorities to establish a short-term let licensing scheme by 1 October 2022 is reasonable and achievable.

Answered by Shona Robison (23/12/2021): The Scottish Government announced in January 2020 that it intended to establish a licensing scheme for short-term lets using powers under the Civic Government (Scotland) Act 1982 and we have been engaging with local authorities on implementation of a licensing scheme since then. Local authorities have experience in licensing other activities under the 1982 Act and we made changes to our proposals in response to their views.

In setting timescales for establishing a licensing scheme, and for existing operators to have made an application, the Scottish Government has been mindful of striking a balance between giving local authorities and operators sufficient time to prepare, whilst moving quickly enough to address what remains a pressing issue for many residents and communities.

We will be working closely with local authorities, and other stakeholders on the working group, to review and update guidance and prepare for implementation.
Current Status: Answered by Shona Robison on 23/12/2021

S6W-04929: Rachael Hamilton, Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party, Date Lodged: 09/12/2021
To ask the Scottish Government on what basis local authorities are able to set short-term let licensing fees, in light of there being no baseline data on the (a) number of premises to be licensed, (b) number of staff required to resource the scheme, (c) set-up costs, (d) implementation fees, (e) cost of inspections and (f) cost of appeals.

Answered by Shona Robison (23/12/2021): The Scottish Government published an updated Business and Regulatory Impact Assessment (BRIA) on 23 November. The BRIA sets out the baseline data currently available and trends, including information from the non-domestic rates valuation roll and about Airbnb, which show a significant growth in the number of properties which are being used for short-term lets.

The BRIA sets out the costs to local authorities and recovery through fees, and provides indicative average fees for a low and high cost scenario. The assumptions behind the average indicative fees for a short-term lets licence have been informed by discussions with local authorities.

The Licensing Order allows local authorities to raise revenue from fees to cover the costs of establishing and running their licensing scheme. The actual fees to be charged will be determined by local authorities following Scottish Government guidance and are likely to include higher and lower tiers, reflecting the varying sizes of premises to be licensed.

The licensing scheme will help to build a comprehensive picture of short-term let activity across Scotland.
Current Status: Answered by Shona Robison on 23/12/2021

S6W-04927: Rachael Hamilton, Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party, Date Lodged: 09/12/2021
To ask the Scottish Government, in light of the publication of its Business and Regulatory Impact Assessment (BRIA) on short-term let licensing, on what evidence it considers that the tourism sector will have recovered adequately by 31 March 2023 to ensure that the licensing scheme does not add to any burden currently being experienced by the tourism sector.

Answered by Shona Robison (23/12/2021): The Scottish Government understands the impact that COVID-19 has had on the tourism sector which is why we have supported the tourism and hospitality sector through the pandemic, not least through an extension of 100% NDR relief for all retail leisure and hospitality premises for 2021-22.

Our proposals to licence short-term lets were developed in response to concerns raised by residents and communities across Scotland and members of all parties. It is right that we are taking action now to address these concerns. We do not consider our licensing scheme to be onerous.

We have committed to working with local authorities to review levels of short-term let activity in hotspot areas in summer 2023. This review will also seek to confirm that the wider sector is still healthy, making sure we have avoided unintended consequences.

Current Status: Answered by Shona Robison on 23/12/2021

S6W-04987: Beatrice Wishart, Shetland Islands, Scottish Liberal Democrats, Date Lodged: 10/12/2021
To ask the Scottish Government, further to the publication of its Business and Regulatory Impact Assessment (BRIA) on short-term let licensing, on what evidence it has based its assumption that “there is no reason why lenders and insurers should be unwilling to extend financial products to such a business, provided that they are satisfied that the business is being run in a safe way”, in light of the view that lenders base their support on the basis of turnover and profitability, as opposed to the safety of an activity.

Answered by Shona Robison (23/12/2021): At the heart of our licensing scheme is a set of mandatory standards which will help to protect the safety of guests and neighbours in short-term lets across Scotland. Provided an operator continues to comply with their licence conditions, which will often just be the mandatory safety conditions, their licence would normally be renewed. As the licensing scheme requires licence holders to comply with mandatory safety conditions, and they cannot continue to operate if they do not, it is reasonable to assume that lenders will have regard to this as part of their due diligence, alongside other considerations such as turnover and profitability. Current Status: Answered by Shona Robison on 23/12/2021

S6W-04988: Beatrice Wishart, Shetland Islands, Scottish Liberal Democrats, Date Lodged: 10/12/2021
To ask the Scottish Government, further to the publication of its consultation report on short-term let licensing, how it has addressed the specific concerns raised by the Association of Scotland’s Self- Caterers, as identified in Annex E of the report.

Answered by Shona Robison (23/12/2021): In developing proposals for the regulation of short-term lets, the Scottish Government has conducted three public consultations. Our most recent consultation closed on 13 August 2021, and we received 1,026 responses.

We carefully considered suggestions for changes to the legislation from working group members, and stakeholders responding to our third consultation, including the Association of Scotland’s Self- Caterers. The changes set out in the consultation report align with the policy objectives of ensuring all short-term lets comply with basic safety requirements, without undermining protections for guests, neighbours and local communities. These include significant and pragmatic changes in response to concerns from the tourism sector, such as the removal of overprovision and stronger guidance on fees.

Current Status: Answered by Shona Robison on 23/12/2021