Cases where the provisions of Part VI of the Act do not apply3

1

The provisions of Part VI of the Act about the allocation of housing accommodation do not apply in the following cases.

2

They do not apply to the allocation of housing accommodation by a local housing authority to a person who is already—

a

a secure tenant under Part II of the Housing (Northern Ireland) Order 19835 (secure tenants) where the estate of the landlord belongs to the Northern Ireland Housing Executive,

b

a secure tenant under Part III of the Housing (Scotland) Act 19876 (rights of public sector tenants), or

c

an assured tenant of accommodation under Part II of the Housing (Scotland) Act 19887 (rented accommodation) (otherwise than under a short assured tenancy within the meaning given by section 32 of that Act) where the interest of the landlord belongs to—

i

a housing association registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 19858 (the register), or

ii

a person who acquired the accommodation (otherwise than under Part III of the Housing (Scotland) Act 1987) from a district council or islands council constituted under section 2 of the Local Government (Scotland) Act 19739 (constitution of councils of regions, islands areas and districts), a council constituted under section 2 of the Local Government etc. (Scotland) Act 199410 (constitution of councils), or Scottish Homes.

3

They do not apply where a local housing authority secures the provision of suitable alternative accommodation under section 39 of the Land Compensation Act 197311 (duty to rehouse residential occupiers).

4

They do not apply in relation to the grant of a secure tenancy under section 554 or 555 of the Housing Act 198512 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house).