The Private Housing (Tenancies) (Scotland) Act 2016 (Modification of Schedule 1) Regulations 2019

Document Number:2019 No. 216
Coming into force:Coming into force on the 01/07/2019

Scottish Statutory Instruments



19 th June 2019

Coming into force

1 st July 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(1) and 76(1) of the Private Housing (Tenancies) (Scotland) Act 2016(1) and all other powers enabling them to do so.

In accordance with section 6(2) of that Act, the Scottish Ministers have consulted such persons representing the interests of tenants and landlords under private residential tenancies as they think fit.

In accordance with section 77(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Housing (Tenancies) (Scotland) Act 2016 (Modification of Schedule 1) Regulations 2019 and come into force on 1 July 2019.

(2) In these Regulations, “the Act” means the Private Housing (Tenancies) (Scotland) Act 2016.

Modification of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016

2.—(1) Schedule 1 of the Act (tenancies which cannot be private residential tenancies) is modified in accordance with paragraph (2).

(2) At the end of schedule 1 insert—

“Accommodation for veterans and care leavers

22.—(1) A tenancy cannot be a private residential tenancy if the landlord is—

(a) a charity providing accommodation to veterans, or

(b) a charity providing temporary accommodation to a care leaver.

(2) For the purposes of this paragraph—

“care leaver” is a person who—

is under the age of 26 years,

was on that person’s sixteenth birthday or at any subsequent time looked after by a local authority, and

is no longer looked after by a local authority; and “looked after” is to be construed in accordance with sections 17(6) (duty of local authority to child looked after by them) and 29(7) (after-care) of the Children (Scotland) Act 1995(2) ,

“charity” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005(3) , and

“veteran” means a person who has served—

for at least one day in Her Majesty’s Armed Forces (regular and reserve) , or

as a member of the Merchant Navy on a civilian vessel while supporting...

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