The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2002

Statutory Instruments

2002 No. 1769

HOUSING, ENGLAND

The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2002

Made

3rd July 2002

Laid before Parliament

16th July 2002

Coming into force

6th August 2002

The Secretary of State, in exercise of the powers conferred upon him by sections 157(1)(c) and (3)(a) of the Housing Act 1985(1), 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 2002 and shall come into force on 6th August 2002.

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

Designated rural areas

2.—(1) The areas specified in the Schedule to this Order are designated as rural areas for the purposes of section 157 of the 1985 Act.

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(3) of the 1985 Act shall be the Borough of Ribble Valley.

Signed by authority of the First Secretary of State.

Jeff Rooker

Minister of State,

Office of the Deputy Prime Minister

3rd July 2002

Article 2

SCHEDULE DESIGNATED RURAL AREAS

In the Borough of Ribble Valley, the parishes of Balderstone, Bashall Eaves, Chatburn, Clayton le Dale, Dinckley, Dutton, Gisburn, Great Mitton, Horton, Hothersall, Little Mitton, Mearley, Middop, Newsholme, Osbaldeston, Paythorne, Ramsgreave, Read, Ribchester, Rimington, Salesbury, Simonstone, Waddington, West Bradford, Wiswell, Worston.

Explanatory Note

(This note is not part of the Order)

This Order designates certain parishes in the Borough of Ribble Valley as rural areas for the purposes of section 157 of the Housing Act 1985 (“the Act”). The Order also designates the Borough of Ribble Valley as the designated region for the purposes of that section in relation to dwelling-houses in those rural areas.

Where a dwelling-house in a designated rural area is sold under the right to buy, the vendor may under section 157 of the Act either—

(a) impose a covenant requiring its consent to any further disposal unless it is an exempted disposal under section 160 of the Act. That consent cannot be withheld if the disposal is to a person who has throughout the preceding 3 years had his home or place of work in the designated region in which the dwelling-house is situated; or

(b) reserve a right of pre-emption if the Secretary of State or (if the vendor is a housing association) the Housing Corporation consents (general consents have been given for the reservation of such rights).

Voluntary sales, under section 32 of the Act, of dwelling-houses in the designated areas, can (by section 37(1) of the Act) be made subject to similar covenants as to consent but not to rights of pre-emption.

(1)

1985 c. 68; section 157 was amended by the Housing Act 1988 (c. 50), section 126 and Schedule 17, paragraph 106.