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Version Superseded: 27/01/2003
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(1)A local housing authority shall comply with the provisions of this Part in allocating housing accommodation.
(2)For the purposes of this Part a local housing authority allocate housing accommodation when they—
(a)select a person to be a secure or introductory tenant of housing accommodation held by them,
(b)nominate a person to be a secure or introductory tenant of housing accommodation held by another person, or
(c)nominate a person to be an assured tenant of housing accommodation held by a registered social landlord.
(3)The reference in subsection (2)(a) to selecting a person to be a secure tenant includes deciding to exercise any power to notify an existing tenant or licensee that his tenancy or licence is to be a secure tenancy.
(4)The references in subsection (2)(b) and (c) to nominating a person include nominating a person in pursuance of any arrangements (whether legally enforceable or not) to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by the authority.
(5)The provisions of this Part do not apply to the allocation of housing accommodation by a local housing authority to a person who is already—
(a)a secure or introductory tenant,
(b)an assured tenant (otherwise than under an assured shorthold tenancy) of housing accommodation held by a registered social landlord, or
(c)an assured tenant of housing accommodation allocated to him by a local housing authority.
(6)The provisions of this Part do not apply to the allocation of housing accommodation by a local housing authority to two or more persons jointly if—
(a)one or more of them is a person within subsection (5)(a), (b) or (c), and
(b)none of the others is excluded from being a qualifying person by section 161(2) or regulations under section 161(3).
(7)Subject to the provisions of this Part, a local housing authority may allocate housing accommodation in such manner as they consider appropriate.
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