Statutory Instruments
1997 No. 483

HOUSING, ENGLAND AND WALES
The Allocation of Housing (Procedure) Regulations 1997

Made
26th February 1997

Laid before Parliament
27th February 1997

Coming into force
1st April 1997

The Secretary of State, in exercise of the powers conferred on him by sections 167(5) and 172(4) of the Housing Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Allocation of Housing (Procedure) Regulations 1997 and shall come into force on 1st April 1997.

Interpretation

2.  In these Regulations—

“allocation decision” means a decision to allocate housing accommodation;

“authority” means a local housing authority in England;

“decision-making body” means an authority or a committee or sub-committee of an authority.

Allocation scheme procedure

3.—(1) As regards the procedure to be followed, an authority’s allocation scheme shall be framed in accordance with the principle prescribed in this regulation.

(2) A member of an authority who has been elected for the electoral division or ward in which—

(a)the housing accommodation in relation to which an allocation decision falls to be made is situated, or

(b)the person in relation to whom that decision falls to be made has his sole or main residence,

shall not, at the time the allocation decision is made, be included in the persons constituting the decision-making body.

Signed by authority of the Secretary of State for the Environment

David Curry
Minister of State,
Department of the Environment
26th February 1997

Explanatory Note

(This note is not part of the Regulations)
Section 167 of the Housing Act 1996 requires local housing authorities to have an allocation scheme for determining priorities, and as to the procedure to be followed, in allocating housing accommodation.
These Regulations prescribe, as regards procedure, the principle that a member shall not, at the time the allocation decision is made, be included in the decision-making body where the housing accommodation in question is in his electoral division or ward, or the person to whom the housing may be allocated resides in that division or ward.
The Regulations apply to local housing authorities in England.

(1)
1996 c. 52.