Scottish Ministers (Definition of "mandatory" in relation to short term lets) [2025] ScotIC 018_2025 (27 January 2025)
The Commissioner found that the definition of 'mandatory' in the context of short term lets must be interpreted according to its ordinary meaning, as no specific statutory definition was provided. The authority partially failed to provide adequate clarification as required under the Freedom of Information (Scotland)...
Source-derived case information.
- Citation
- [2025] ScotIC 018_2025
- Parties
- Applicant: Scottish Ministers
- Jurisdiction
- Scotland
- Judgment Date
- 27 January 2025
- Procedural Posture
- Information Appeal / Decision
- Outcome
- partially upheld
- Legal Topics
- Definition of Mandatory, Short Term Lets Regulation, Freedom of Information
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Scottish Ministers
Applicant
Procedural Posture
Information Appeal / Decision
Legal Issues
- 1 What is the definition of 'mandatory' in relation to short term lets under the relevant Scottish regulations?
- 2 Was the information request regarding the definition of 'mandatory' properly handled under the Freedom of Information (Scotland) Act 2002?
Ratio Decidendi
The Commissioner found that the definition of 'mandatory' in the context of short term lets must be interpreted according to its ordinary meaning, as no specific statutory definition was provided. The authority partially failed to provide adequate clarification as required under the Freedom of Information (Scotland) Act 2002.
Court Disposition
partially upheld
Orders
- The authority must provide further clarification on the definition of 'mandatory' in relation to short term lets.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment