The Housing (Right to Buy) (Prescribed Persons) Order 1989

Explanatory Note

(This note is not part of the Order)

Part V of the Housing Act 1985 provides for the right to buy. Section 130 of the 1985 Act requires discount obtained on a previous purchase from a public sector landlord or a person prescribed by Order under section 130(2)(a) to be taken into account in calculating discount on a later purchase under the right to buy.

Under Schedule 4 to the 1985 Act qualification for the right to buy and entitlement to discount are determined by reference to periods spent in armed forces accommodation or as a tenant of a public sector landlord. Paragraph 8 of Schedule 4 to the 1985 Act provides for prescribed persons to be treated as public sector landlords for these purposes.

The Housing (Right to Buy) (Prescribed Persons) Order 1984 contains a list of persons prescribed for the purposes of paragraphs 9(2) and 10(2) of Schedule 1A to the Housing Act 1980 (c. 51), (now to be found respectively in section 130(2)(a) and in paragraph 8 of Schedule 4 to the 1985 Act). The 1984 Order was retained in force by section 2 of the Housing (Consequential Provisions) Act 1985 (c. 71). Article 2(a) of this Order amends the 1984 Order by deleting an exemption of dwellings let by Ministers of the Crown or government departments to persons appointed under section 3(1) of the Prison Act 1952 (c. 52). The former National Coal Board has changed its name to the British Coal Corporation and article 2(b) reflects this.

Article 3 of this Order prescribes five additional persons.