(1) Section 159 of the Housing Act 1996 (allocation of housing accommodation) is
amended as follows.

(2) After subsection (4) insert—

“(4A) Subject to subsection (4B), the provisions of this Part do not apply to an
10allocation of housing accommodation by a local housing authority in
England to a person who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private
registered provider of social housing or a registered social
15landlord.

(4B) The provisions of this Part apply to an allocation of housing
accommodation by a local housing authority in England to a person
who falls within subsection (4A)(a) or (b) if—

(a) the allocation involves a transfer of housing accommodation for
20that person,

(b) the application for the transfer is made by that person, and

(c) the authority is satisfied that the person is to be given
reasonable preference under section 166A(3).”

(3) In subsection (5) after “accommodation” (in the first place it occurs) insert “by
25a local housing authority in Wales”.

127 Allocation only to eligible and qualifying persons: England

(1) In the Housing Act 1996 before section 160A insert—

“160ZA Allocation only to eligible and qualifying persons: England

(1) A local housing authority in England shall not allocate housing
30accommodation—

(a) to a person from abroad who is ineligible for an allocation of
housing accommodation by virtue of subsection (2) or (4), or

(b) to two or more persons jointly if any of them is a person
mentioned in paragraph (a).

(2) 35A person subject to immigration control within the meaning of the
Asylum and Immigration Act 1996 is ineligible for an allocation of
housing accommodation by a local housing authority in England
unless he is of a class prescribed by regulations made by the Secretary
of State.

(3) No person who is excluded from entitlement to housing benefit by
section 115 of the Immigration and Asylum Act 1999 (exclusion from
benefits) shall be included in any class prescribed under subsection (2).

(4) The Secretary of State may by regulations prescribe other classes of
5persons from abroad who are ineligible to be allocated housing
accommodation by local housing authorities in England.

(5) Nothing in subsection (2) or (4) affects the eligibility of a person who
falls within section 159(4B).

(6) Except as provided by subsection (1), a person may be allocated
10housing accommodation by a local housing authority in England
(whether on his application or otherwise) if that person—

(a) is a qualifying person within the meaning of subsection (7), or

(b) is one of two or more persons who apply for accommodation
jointly, and one or more of the other persons is a qualifying
15person within the meaning of subsection (7).

(7) Subject to subsections (2) and (4) and any regulations under subsection
(8), a local housing authority may decide what classes of persons are, or
are not, qualifying persons.

(8) The Secretary of State may by regulations—

(a) 20prescribe classes of persons who are, or are not, to be treated as
qualifying persons by local housing authorities in England, and

(b) prescribe criteria that may not be used by local housing
authorities in England in deciding what classes of persons are
not qualifying persons.

(9) 25If a local housing authority in England decide that an applicant for
housing accommodation—

(a) is ineligible for an allocation by them by virtue of subsection (2)
or (4), or

(b) is not a qualifying person,

30they shall notify the applicant of their decision and the grounds for it.

(10) That notice shall be given in writing and, if not received by the
applicant, shall be treated as having been given if it is made available at
the authority’s office for a reasonable period for collection by him or on
his behalf.

(11) 35A person who is not being treated as a qualifying person may (if he
considers that he should be treated as a qualifying person) make a fresh
application to the authority for an allocation of housing
accommodation by them.”

(2) Section 160A (allocation only to eligible persons) is amended as follows—

(a) 40in the heading after “persons” insert “: Wales”,

(b) in subsection (1) after “authority” insert “in Wales”,

(c) in subsection (2) after “authority” insert “in Wales”,

(d) in subsection (3) after “authority” insert “in Wales”,

(e) in subsection (5)—

(i) 45after “authorities” insert “in Wales”,

(ii) after “authority” insert “in Wales”,

(f) in subsection (6) after “authority” insert “in Wales”,