Scottish Statutory Instruments
Housing
Made
19th June 2019
Coming into force
1st 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.
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.
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(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 the Armed Forces.”.
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.
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
19th June 2019
(This note is not part of the Regulations)
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.
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.