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 of the Northern Ireland Housing Executive or a registered housing association within the meaning of Article 25 of the Housing (Northern Ireland) Order 19833 (secure tenancies);
b
a secure tenant under Part III of the Housing (Scotland) Act 19874 (rights of public sector tenants); or
c
an assured tenant of accommodation under Part II of the Housing (Scotland) Act 19885 (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 19856 (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 19737 (constitution of councils of regions, islands areas and districts), a council constituted under section 2 of the Local Government etc. (Scotland) Act 19948 (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 19739 (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 198510 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house).