Source
r/uklaw•
defproc

Housing Act 1996 166A (6)(b): "[the scheme may contain provision...] to persons of a particular description"

I'm reading through housing law and came across this confusing term. IANAL.

https://www.legislation.gov.uk/ukpga/1996/52/section/166A

(6)Subject to subsection (3), the scheme may contain provision about the allocation of particular housing accommodation—

(a)to a person who makes a specific application for that accommodation;

(b)to persons of a particular description (whether or not they are within subsection (3)).

What does this mean?

Posted Jul 8, 2019, 6:22 PM UTC

17
robbiewh•

I think it’s just special considerations by which a person may be placed before others regarding the receipt of housing/accommodation. For example if they are homeless/living in unsafe and unsanitary conditions they may be placed at a higher priority than those already housed.

2
defprocOP•

Those situations are covered specifically in subsection (3) though. Section (5), which also refers to (3), uses similar wording ("may contain provision for determining") and was cited against me as the basis on which they've demoted my priority (on hilariously shaky grounds) despite (3)'s applicability, so unless they're clueless or malicious, "persons of a particular description" can also be arbitrarily demoted?

1
robbiewh•

Have you tried looking into the Hansard of when the bill was drafted? It may list a vague definition or suggestions as to what this query may regard. However, Hansard is truly dry so reading it at this time of night may send you to sleep :)

1
defprocOP•

I'm obviously very new to this this advice is looking to be very useful. Deepest thanks.

And I could do with some sleep ;)

2
robbiewh•

Good luck, 20 minutes of Hansard will put even the most persistent in a deep sleep

1
TaylorWatson12•

I haven’t looked into the prioritisation, but sub-s 3 means the council can add definitions of people, and add specific provisions in the housing scheme for them.

Edit: Just checked prioritisation - seems to suggest local councils can add additional priorities, but that these must not override those in s 3.

1
defprocOP•

I understand the wording now. The particular description can be specified by the authority, makes perfect sense thinking about it. Thanks for having a look!

Out of interest, can they also add definitions of people to place below normal priority?

1