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3.—(1) In this Schedule “vacancy” in relation to any dwelling transferred by this order means —
(a)a vacancy existing at the date of transfer in a dwelling which is available for occupation at that date;
(b)a vacancy existing at the date of transfer in a dwelling which becomes available for occupation after that date;
(c)a vacancy (other than a vacancy specified in sub-paragraph (2)) which arises after the date of transfer in a dwelling which is available for occupation at the date when that vacancy arises; and
(d)a vacancy (other than a vacancy specified in sub-paragraph (2)) which arises after the date of transfer in a dwelling which becomes available for occupation after the date on which that vacancy arises
.
(2) The vacancies excluded from sub-paragraph (1)(c) and (d) are vacancies arising directly or indirectly in consequence of the tenant of the dwelling in question—
(a)moving, or being transferred, to another dwelling owned by the transferee authority;
(b)moving to a dwelling owned by another local authority pursuant to an arrangement, made between the transferee authority and that other local authority, whereby a reciprocal vacancy is to be made available to that other local authority by the transferee authority; or
(c)being re-housed by a housing association pursuant to a right of nomination enjoyed by the transferee authority.
(3) In this Schedule the term “vacancies in the dwellings transferred” shall be deemed to refer both to dwellings situate upon transferred property at the relevant date and to dwellings to be provided upon transferred property after the relevant date pursuant to article 6 or to any other arrangement made between the Council and a transferee authority leading to such provision.
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