2 Modification of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016
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—
(a) is under the age of 26 years,
(b) was on that person’s sixteenth birthday or at any subsequent time looked after by a local authority, and
(c) 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,
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.
“charity” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005, and
“veteran” means a person who has served—
(a) for at least one day in Her Majesty’s Armed Forces (regular and reserve), or
(b) as a member of the Merchant Navy on a civilian vessel while supporting the Armed Forces.
2005 asp 10.”

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