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Statutory Instruments

1997 No. 623

HOUSING, ENGLAND AND WALES

The Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997

Made

5th March 1997

Laid before Parliament

7th March 1997

Coming into force

1st April 1997

The Secretary of State for the Environment, as respects England, in exercise of the powers conferred upon him by section 17 of the Housing Act 1996(1) and section 1AA(3)(a) of the Leasehold Reform Act 1967(2) and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation and commencement

1.  This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997 and shall come into force on 1st April 1997.

Designated rural areas

2.  The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise)—

(a)those parishes in the counties of Bedfordshire, Cambridgeshire, Derbyshire, Essex, Hertfordshire, Leicestershire, Lincolnshire, Norfolk, Northamptonshire, Nottinghamshire and Suffolk specified in Schedule 1 to this Order;

(b)those areas in the parishes and the unparished areas in the counties of Bedfordshire, Cambridgeshire, Derbyshire, Essex, Hertfordshire, Leicestershire, Lincolnshire, Norfolk, Northamptonshire, Nottinghamshire and Suffolk specified in Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the one hundred and fifty one maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment; and

(c)the parish of Holbeach in the county of Lincolnshire with the exception of the non-cross hatched area shown bounded with a black line on one of the one hundred and fifty one maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the East) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

5th March 1997

Article 2(a)

SCHEDULE 1DESIGNATED RURAL AREAS—ENTIRE PARISHES

PART IBEDFORDSHIRE

PART IICAMBRIDGESHIRE

PART IIIDERBYSHIRE

PART IVESSEX

PART VHERTFORDSHIRE

PART VILEICESTERSHIRE

PART VIILINCOLNSHIRE

PART VIIINORFOLK

PART IXNORTHAMPTONSHIRE

PART XNOTTINGHAMSHIRE

PART XISUFFOLK

Article 2(b)

SCHEDULE 2DESIGNATED RURAL AREAS BY MAPS

PART IBEDFORDSHIRE

The parishes of

PART IICAMBRIDGESHIRE

The parishes of—

PART IIIDERBYSHIRE

The parishes of—

The unparished area(3) bounded by the parishes of Chapel en le Frith, Wormhill, Green Fairfield, King Sterndale and Hartington Upper Quarter.

The unparished area(4) bounded by the parishes of Tintwhistle, Charlesworth and by the county constituency of Stalybridge and Hyde in Greater Manchester(5).

PART IVESSEX

The parishes of—

The unparished area of the county constituency of Billericay(6).

The unparished area(7) bounded by the parishes of Gosfield, Sisted, Cressing, Black Notley, Felsted, Rayne, Panfield, Shalford and Wethersfield.

The unparished area of the county constituency of Brentwood and Ongar(8) excluding the parishes of Matching, Abbess Beauchamp & Berners Roding, High Laver, Little Laver, Magdalen Laver, Moreton, Fyfield Willingdale, Bobbingworth, Ongar, High Ongar, Theydon Garnon, Theydon Mount, Stapleford Rowney, Stanford Rivers, Lambourne, Stapleford Abbots, Navestock, Kelvedon Hatch, Standon Massey, Blackmore, Ingatestone & Fryerning, Dod dinghurst and Mountnessing.

The unparished area(9) bounded by the parishes of Runwell, Rettendon, Hullbridge, Hockley, Hawkwell, Rochford, the borough constituency of Southend West(10), the borough constituency of Castle Point(11), the borough constituency of Basildon(12) and the county constituency of Billericay.

The unparished area of the borough constituency of Thurrock(13).

PART VHERTFORDSHIRE

The parishes of—

The unparished area(14) bounded by the parishes of Ridge, North Mymms, Northaw and Cuffley, the London borough of Enfield and the London Borough of Barnet.

The unparished area(15) bounded by the parishes of Chorley Wood, Sarratt, Croxley Green and Watford Rural, the borough constituency of Watford(16), the London Borough of Hillingdon and the parishes of Chalfont St Peter and Denham in the county of Buckinghamshire.

PART VILEICESTERSHIRE

The parishes of—

The unparished area(17) bounded by the parishes of Cotes, Prestwold, Burton on the Wolds, Walton on the Wolds, Quordon, Woodhouse, Charley, Shepshed, Hathern; and the parishes of Normanton on Soar and Stanford on Soar in Nottinghamshire.

The unparished area(18) bounded by the parishes of Thorpe Langton, Weston by Welland, Sutton Bassett, Lubenham, Foxton and East Langton; and the parishes of Dingley, Braybrooke, Great Oxenden, East Farndon in Northamptonshire.

The unparished area(19) bounded by the parishes of Thurlaston, Potters Marston, Elmesthorpe, Burbage, Higham on the Hill, Stoke Golding, Peckleton; and the county constituency of Nuneaton(20).

The unparished area(21) bounded by the parishes of Belton, Charley, Bardon, Markfield, Stanton-under-Bardon, Ibstock, Ravenstone with Snibstone, Swannington and Osgathorpe.

PART VIILINCOLNSHIRE

The parishes of—

PART VIIINORFOLK

The parishes of—

PART IXNORTHAMPTONSHIRE

The parishes of—

PART XNOTTINGHAMSHIRE

The parishes of—

The unparished area(22) bounded by the parishes of Hayton, Clarborough, North Leverton with Habblesthorpe, South Leverton, Grove, Eaton, Babworth and Sutton.

The unparished area(23) bounded by the parishes of Carlton in Lindrick, Barnby Moor, Babworth, Elkesley, Perlethorpe cum Budby, Carbuton, Welbeck, Shireoaks, Rhodesia; the parishes of Woodsets, North and South Anston in South Yorkshire; and the parish of Whitwell in Derbyshire.

The unparished area(24) in the county constituency of Ashfield(25) excluding the parishes of Annesley, Felley, Selston, Brinsley and Eastwood.

PART XISUFFOLK

The parishes of—

The unparished area(26) bounded by the parish of Moulton and the parishes of Fordham, Snailwell, Cheveley, Wooditton and Burwell in Cambridgeshire.

Explanatory Note

(This note is not part of the Order)

This Order designates the areas in the counties specified in Article 2 and the Schedules as rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise). The right of tenants of registered social landlords to acquire their homes under sections 16 and 17 of 1996 Act and the right of tenants with long leases to enfranchise under section 1AA of the 1967 Act do not apply in respect of properties in areas which have been designated as rural areas. In the case of tenants with long leases, the additional conditions in section 1AA(3)(b) and (c) of the 1967 Act must be fulfilled before the right to enfranchise is excluded.

Those parishes in Schedule 1 are exempt in their entirety from the right to acquire and the additional right to enfranchise. Those parishes and the unparished areas in Schedule 2 contain areas which are exempt from the rights. The maps indicate which areas are excluded. The parish mentioned in article 2(c) contains one area which is not exempt from the rights, while the remainder of the parish is a designated rural area. Prints of the maps may be inspected during normal office hours at the offices of the Department of the Environment, Eland House, Bressenden Place, London SW1E 5DU.

(2)

1967 c. 88; section 1AA was inserted by paragraph 1 of Schedule 9 to the Housing Act 1996.

(3)

Containing the settlement of Buxton.

(4)

Containing the settlement of Glossop.

(5)

Designated a county constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(6)

Designated a county constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(7)

Containing the settlement of Braintree.

(8)

Designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1987/2208.

(9)

Containing the settlement of Rayleigh.

(10)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(11)

Designated a borough constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1985/1776.

(12)

Designated a borough constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1983/417.

(13)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(14)

Containing the settlement of Potters Bar.

(15)

Containing the settlement of Rickmansworth.

(16)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(17)

Containing the settlement of Loughborough.

(18)

Containing the settlement of Market Harbourgh.

(19)

Containing the settlements of Hinckley and Barwell.

(20)

In the County of Warwickshire and designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1985/1776.

(21)

Containing the settlements of Coalville and Whitwick.

(22)

Containing the settlement of East Retford.

(23)

Containing the settlement of Worksop.

(24)

Containing the settlements of Sutton and Mansfield.

(25)

Designated a county constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(26)

Containing the settlement of Newmarket.