Citation, commencement and application

1. —(1) These Regulations may be cited as the Allocation of Housing (England) Regulations 2002 and shall come into force on 31st January 2003.

(2) These Regulations apply in England only.

Interpretation

2. In these Regulations—

“the Act” means the Housing Act 1996;

“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively; and

“the immigration rules” means the rules laid down as mentioned in section 3(2) of the Immigration Act 1971( 2 ) (general provisions for regulation and control).

Cases where the provisions of Part 6 of the Act do not apply

3. —(1) The provisions of Part 6 of the Act about the allocation of housing accommodation do not apply in the following cases.

(2) 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( 3 ) (duty to rehouse residential occupiers).

(3) They do not apply in relation to the grant of a secure tenancy under sections 554 and 555 of the Housing Act 1985( 4 ) (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house).

Classes prescribed under section 160A(3) who are eligible persons

4. The following are classes of persons subject to immigration control prescribed for the purposes of section 160A(3) of the Act (persons prescribed as eligible for an allocation of housing accommodation by a local housing authority)—

(a) Class A—a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951( 5 ) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967( 6 );

(b) Class B—a person—

(i) who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and

(ii) whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;

(c) Class C—a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person—

(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;

(ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and

(iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

(d) Class D—a person who is habitually resident in the Common Travel Area and who—

(i) is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953( 7 ) or a state which has ratified the European Social Charter done at Turin on 18th October 1961( 8 ) and is lawfully present in the United Kingdom; or

(ii) before 3rd April 2000 was owed a duty by a housing authority under Part 3 of the Housing Act 1985( 9 ) (housing the homeless) or Part 7 of the Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961.

Classes prescribed under section 160A(5) who are ineligible persons

5. The following is a class of persons, not being persons subject to immigration control, prescribed for the purposes of section 160A(5) of the Act (persons prescribed as ineligible for an allocation of housing accommodation)—

• Class B—a person who is not habitually resident in the Common Travel Area other than—

  (a)

  a worker who for the purposes of Council Regulation 10 ) or 11 );

  (b)

  a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Order 2000( 12 ) and derived from Council Directive No. 13 ) or No. 14 );

  (c)

  a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.

Revocation

6.The Allocation of Housing (England) Regulations 2000( 15 ) are revoked.