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

Made: 19th June 2019

Coming into force: 1st July 2019

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—

(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[^f00002], - “charity” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005[^f00003], 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 the Armed Forces.

Saving provision

3

The modification to schedule 1 of the Act made by regulation 2 has no effect in relation to any private residential tenancy granted before 1 July 2019.

Signed

KEVIN STEWART — Authorised to sign by the Scottish Ministers — 19th June 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations modify schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016 (“2016 Act”). Schedule 1 lists a number of types of tenancy which cannot be a private residential tenancy, with the effect that the 2016 Act does not apply to those tenancies.

Regulation 2 adds accommodation provided to veterans and care leavers to schedule 1 and regulation 3 makes a saving provision for any private residential tenancies created prior to the coming into force date of these Regulations.

Footnotes

[^f00001]: 2016 asp 19.

[^f00002]: 1995 c.36. Section 17(6) was amended by paragraph 9(4)(b) of schedule 2 of the Adoption and Children (Scotland) Act 2007 asp 4, paragraph 2(4) of schedule 5 of the Children’s Hearings (Scotland) Act 2011 asp 1 and paragraph 9(3) of schedule 1 of S.S.I. 2013/211. Section 29(7) was amended by section 73(1)(b) of the Regulation of Care (Scotland) Act 2001 asp 8.

[^f00003]: 2005 asp 10.