Statutory Instruments
HOUSING, ENGLAND AND WALES
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:—
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
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.
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
In the Borough of Scarborough, the parishes of Brompton-by-Sawdon, Cloughton, Folkton, Gristhorpe, Lebberston, Muston, Reighton and Snainton.
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.