The Housing (Right to Buy) (Priority of Charges) (England) Order 2001

Statutory Instruments

2001 No. 205

HOUSING, ENGLAND

The Housing (Right to Buy) (Priority of Charges) (England) Order 2001

Made

29th January 2001

Coming into force

19th February 2001

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by section 156(4) of the Housing Act 1985(1), hereby makes the following Order—

Citation, commencement and extent

1.—(1) This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) Order 2001 and shall come into force on 19th February 2001.

(2) This Order extends to England only.

Specified Bodies

2.  The following bodies are hereby specified as approved lending institutions for the purposes of section 156(2) of the Housing Act 1985 (priority of charges)—

(a) Battersea Park Mortgage Funding Limited (Company No. 3530410)

(b) Richmond Park Mortgage Funding Limited (Company No. 3597946)

Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions

Nick Raynsford

Minister of State

Department of the Environment, Transport and the Regions

29th January 2001

Explanatory Note

(This note is not part of the Order)

This Order specifies two bodies as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges on disposals under the right to buy). (Other bodies have been specified by previous orders.) In being specified for the purposes of that section, the bodies thereby also become approved lending institutions for the purposes of section 36 of the 1985 Act (priority of charges on voluntary disposals by local authorities) and section 12 of the Housing Act 1996 (priority of charges on voluntary disposals by registered social landlords).

As section 156 of the Housing Act 1985 is applied by section 171A of that Act for cases in which a tenant’s right to buy is preserved and by section 17 of the Housing Act 1996 for cases in which a tenant has the right to acquire under section 16 of the 1996 Act, the specified bodies are also approved lending institutions for the purposes of those rights.

(1)

1985 c. 68; section 156(4) was amended by the Housing Act 1988 (c. 50), Schedule 17, paragraph 106 and by Part XIII of Schedule 19 to the Housing Act 1996 (c. 52). The Secretary of State’s functions under section 156, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672, Article 2 and Schedule 1.

(2)

Section 156 was also amended by the Housing and Planning Act 1986 (c. 63), Schedule 5, paragraph 1(2) and (5) and by section 120(3) and (4) of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).