Statutory Instruments

1997 No. 621

HOUSING, ENGLAND AND WALES

The Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South West) Order 1997

Made

5th March 1997

Laid before Parliament

7th March 1997

Coming into force

1st April 1997

The Secretary of State for the Environment, as respects England, in exercise of the powers conferred upon him by section 17 of the Housing Act 1996(1) and section 1AA(3)(a) of the Leasehold Reform Act 1967(2) and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation and commencement

1.  This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South West) Order 1997 and shall come into force on 1st April 1997.

Designated rural areas

2.  The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise)—

(a)those parishes in the districts of Bath and North East Somerset, North Somerset or South Gloucestershire specified in Parts I, II and III of Schedule 1 to this Order and in the counties of Cornwall and the Isles of Scilly, Devon, Dorset, Gloucestershire, Somerset or Wiltshire specified in Parts IV, V, VI, VII, VIII and IX of Schedule 1 to this Order; and

(b)those areas in the parishes and the unparished areas in the districts of Bath and North East Somerset, North Somerset or South Gloucestershire specified in Parts I, II and III of Schedule 2 to this Order and in the counties of Cornwall and the Isles of Scilly, Devon, Dorset, Gloucestershire, Somerset or Wiltshire specified in Parts IV, V, VI, VII, VIII and IX of Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the one hundred and forty maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South West) Order 1997” of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

5th March 1997

Article 2(a)

SCHEDULE 1DESIGNATED RURAL AREAS—WHOLE PARISHES

PART IBATH AND NORTH EAST SOMERSET

PART IINORTH SOMERSET

PART IIISOUTH GLOUCESTERSHIRE

PART IVCORNWALL AND THE ISLES OF SCILLY

PART VDEVON

PART VIDORSET

PART VIIGLOUCESTERSHIRE

PART VIIISOMERSET

PART IXWILTSHIRE

Article 2(b)

SCHEDULE 2DESIGNATED RURAL AREAS BY MAPS

PART IBATH AND NORTH EAST SOMERSET

The parishes of—

PART IINORTH SOMERSET

The parishes of—

PART IIISOUTH GLOUCESTERSHIRE

The parishes of—

PART IVCORNWALL AND THE ISLES OF SCILLY

The parishes of—

The unparished area(4) bounded by the parishes of Treverbyn, St Blaise, Mevagissey, St Ewe and St Mewan.

PART VDEVON

The parishes of—

PART VIDORSET

The parishes of—

PART VIIGLOUCESTERSHIRE

The parishes of—

PART VIIISOMERSET

The parishes of—

PART IXWILTSHIRE

The parishes of—

Explanatory Note

(This note is not part of the Order)

This Order designates the areas in the districts and counties specified in Article 2 and the Schedules as rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise). The right of tenants of registered social landlords to acquire their homes under sections 16 and 17 of the 1996 Act and the right of tenants with long leases to enfranchise under section 1AA of the 1967 Act do not apply in respect of properties in areas which have been designated as rural areas. In the case of tenants with long leases, the additional conditions in section 1AA(3)(b) and (c) of the 1967 Act must be fulfilled before the right to enfranchise is excluded.

Those parishes in Schedule 1 are exempt in their entirety from the right to acquire and the additional right to enfranchise. Those parishes and the unparished areas in Schedule 2 contain areas which are exempt from the rights. The maps indicate which areas are excluded. Prints of the maps may be inspected during normal office hours at the offices of the Department of the Environment, Eland House, Bressenden Place, London SW1E 5DU.

(2)

1967 c. 88; section 1AA was inserted by paragraph 1 of Schedule 9 to the Housing Act 1996.

(3)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(4)

Containing the settlement of St Austell.

(5)

Containing the settlement of Exmouth.

(6)

Containing the settlement of Torbay.