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(This note is not part of the Regulations)
Section 160ZA of the Housing Act 1996 (inserted by the Localism Act 2011) gives local housing authorities in England the power to decide what classes of persons are or are not qualifying persons for an allocation of housing accommodation. The Secretary of State has the power to prescribe in Regulations criteria that may not be used by local housing authorities in deciding what classes of persons are not qualifying persons (subsection (8)).
Regulation 3 requires that authorities do not use local connection (within the meaning of section 199 of the Housing Act 1996) as a criterion in deciding whether relevant persons are not qualifying persons, if the allocation involves a transfer of housing accommodation from the district of another local housing authority in England.
Regulation 4 sets out the requirements for a relevant person. To be a relevant person a person must:
already be either a secure or introductory tenant of housing accommodation in England, or an assured tenant of housing accommodation in England held by a private registered provider,
have a reasonable preference within the meaning of s166A(3)(e) of the Housing Act 1996 because of a need to move to a particular locality in the district of the authority, where failure to meet that need would cause hardship (to themselves or to others), and
need to move for a reason covered by Regulation 5, i.e. because the relevant person works or has been offered work in the district of the authority. In the latter case the authority must be satisfied that the person has a genuine intention to take up the offer of work.
A need to move connected with short-term and marginal work, work that is ancillary to work in another district and voluntary work is excluded by Regulation 5(2).
An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen.
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