3 Cases where the provisions of Part VI of the Act do not apply
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 of the Northern Ireland Housing Executive or a registered housing association within the meaning of Article 25 of the Housing (Northern Ireland) Order 1983 (secure tenancies);
S.I.1983/1118 (N.I. 15).
(b) a secure tenant under Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants); or
1987 c. 26.
(c) an assured tenant of accommodation under Part II of the Housing (Scotland) Act 1988 (rented accommodation) (otherwise than under a short assured tenancy within the meaning of section 32 of that Act (short assured tenancies)) 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 1985 (the register); or
1985 c. 69; section 3 was amended by paragraph 3 of Schedule 6 to the Housing Act 1988 (c. 50); repealed in so far as it extended to England and Wales by Part I of Schedule 19 to the Act; and amended by S.I.1996/2325.
(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 1973 (constitution of councils of regions, islands areas and districts), a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils), or Scottish Homes.
1973 c. 65.
1994 c. 39.
1998 c. 43.
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 1973 (duty to rehouse residential occupiers).
1973 c. 26; section 39 was amended by Part I of Schedule 2 to the Land Compensation (Scotland) Act 1973 (c. 56), paragraph 40 of Schedule 13 to the Housing Act 1974 (c. 44), paragraph 10 of Schedule 7 to the Development of Rural Wales Act 1976 (c. 75), Part I of Schedule 1 and paragraph 24 of Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), Part II of Schedule 12 to the Local Government and Housing Act 1989 (c. 42), and paragraph 29 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).
4 They do not apply in relation to the grant of a secure tenancy under section 554 or 555 of the Housing Act 1985 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house).
1985 c. 68; section 554 was amended by paragraph 61 of Schedule 17 to the Housing Act 1988 (c. 50) and S.I.1996/2325.