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The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 1986

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Statutory Instruments

1986 No. 1695

HOUSING, ENGLAND AND WALES

The Housing (Right To Buy) (Designated Rural Areas and Designated Regions) (England) Order 1986

Made

30th September 1986

Laid before Parliament

8th October 1986

Coming into Operation

29th October 1986

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 157(1) and (3) of the Housing Act 1985, and of all other powers enabling him in that behalf, hereby makes the following order:—

Citation, commencement and interpretation

1.  (1)  This order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 1986 and shall come into operation on 29th October 1986.

(2) In this order “the 1985 Act” means the Housing Act 1985.

Designated rural areas

2.  (1)  Subject to paragraph (2) of this article, the areas specified in the Schedule to this order are hereby designated as rural areas for the purposes of section 157 of the 1985 Act.

(2) The areas designated by this article do not include any area of land in the National Park designated by the North York Moors National Park (Designation) Confirmation Order 1952.

Designated region

3.  In relation to a dwelling-house which is situated in a rural area designated by article 2 of this order, the designated region for the purposes of section 157 of the 1985 Act shall be the County of North Yorkshire.

Nicholas Ridley

Secretary of State for the Environment

30th September 1986

Article 2

SCHEDULEDESIGNATED RURAL AREAS

In the Borough of Scarborough, the parishes of Brompton-by-Sawdon, Cloughton, Folkton, Gristhorpe, Lebberston, Muston, Reighton and Snainton.

EXPLANATORY NOTE

This order designates certain parishes in the Borough of Scarborough (with the exception of those parts which form part of the North York Moors National Park) as rural areas for the purposes of section 157 of the Housing Act 1985. The order also provides that the County of North Yorkshire is to be the designated region for dwelling-houses in those areas. Section 157 is concerned with “the right to buy”.

Where dwelling-houses in designated rural areas or National Parks are sold under the right to buy, the vendor may under section 157 reserve a right of pre-emption or impose a covenant requiring the consent of the landlord to any further disposal unless it is an exempted disposal within the meaning of section 160. Where the further disposal is to a person who has had his home or place of work in a designated region throughout the preceding three years such consent cannot, however, be withheld.

By section 37(1) of the 1985 Act, the relevant provisions of section 157 also apply to voluntary sales under section 32.

A copy of the North York Moors National Park (Designation) Confirmation Order 1952 is available for inspection at the offices of the Countryside Commission at John Dower House, Crescent Place, Cheltenham, Gloucester, GL50 3RA.

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