(1)Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless—
(a)he is of a class specified in an order made by the Secretary of State; or
(b)the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 95.
(2)“Housing authority” means—
(a)in relation to England and Wales, a local housing authority within the meaning of the [1985 c. 68.] Housing Act 1985;
(b)in relation to Scotland, a local authority within the meaning of the [1987 c. 26.] Housing (Scotland) Act 1987; and
(c)in relation to Northern Ireland, the Executive.
(3)“Accommodation provisions” means—
(a)in relation to England and Wales, Part II of the Housing Act 1985;
(b)in relation to Scotland, Part I of the Housing (Scotland) Act 1987;
(c)in relation to Northern Ireland, Part II of the [S.I. 1981/156 (N.I. 3).] Housing (Northern Ireland) Order 1981.
(4)“Licence to occupy”, in relation to Scotland, means a permission or right to occupy.
(5)“Tenancy”, in relation to England and Wales, has the same meaning as in the [1985 c. 68.] Housing Act 1985.
(6)“Person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
(7)This section does not apply in relation to any allocation of housing to which Part VI of the [1996 c. 52.] Housing Act 1996 (allocation of housing accommodation) applies.