xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

1997 No. 625

HOUSING, ENGLAND AND WALES

The Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South East) 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 East) 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) and (5) of the Leasehold Reform Act 1967 (additional right to enfranchise)—

(a)those parishes and the unparished area in the counties of Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex specified in Schedule 1 to this Order; and

(b)those areas in the parishes and the unparished areas in the counties of Berkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex specified in Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the two hundred and two maps entitled “Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the South East) 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 IBERKSHIRE

PART IIBUCKINGHAMSHIRE

PART IIIEAST SUSSEX

PART IVHAMPSHIRE

PART VISLE OF WIGHT

PART VIKENT

PART VIIOXFORDSHIRE

PART VIIISURREY

PART IXWEST SUSSEX

Article 2(b)

SCHEDULE 2DESIGNATED RURAL AREAS BY MAPS

PART IBERKSHIRE

The parishes of—

PART IIBUCKINGHAMSHIRE

The parishes of—

The unparished area(4) bounded by the parishes of Castlethorpe, Haversham-cum-Little Linford, Stantonbury, Bradwell Abbey, Shenley Church End, Whaddon and Beachampton and the parishes of Deanshanger, Old Stratford and Cosgrove in Northamptonshire.

PART IIIEAST SUSSEX

The parishes of—

The unparished area(5) bounded by the parishes of Newhaven, South Heighton, Alfriston and Cuckmere Valley.

PART IVHAMPSHIRE

The parishes of—

The unparished area(6) bounded by the parishes of Smannell, St. Mary Bourne, Longparish, Goodworth Clatford, Upper Clatford, Abbotts Ann, Monxton, Penton Mewsey, Charlton and Tangley.

PART VISLE OF WIGHT

The parishes of—

The unparished area(7) bounded by the parishes of Wootton Bridge, Nettlestone & Seaview, Brading, Newchurch, Arreton, Gatcombe, Shorwell, Brighstone, Calbourne, Gurnard and Cowes.

PART VIKENT

The parishes of—

The unparished area(8) bounded by the parishes of Ringwould with Kingsdown, Ripple, Sutton, Northbourne and Sholden.

The unparished area(9) bounded by the parishes of St Nicholas at Wade, Chislet, Hoath, Sturry, Hackington and Chestfield.

The unparished area(10) bounded by the parishes of Chestfield, St Cosmus and St Damian in the Blean, Dunkirk, Hernhill, Graveney with Goodnestone and Leysdown.

PART VIIOXFORDSHIRE

The parishes of—

PART VIIISURREY

The parishes of—

The unparished area(11) of the county constituency of Mole Valley(12) excluding the parishes of Headley, Mickleham, Bickland, Betchworth, Leigh, Charlwood, Newdigate, Capel, Holmwood, Ockley, Wotton and Abinger.

The unparished area(13) bounded by the parishes of Chelsham and Fairleigh, Oxted, Tandridge, Godstone, Bletchingley, the borough constituency of Reigate(14) and the London borough of Croydon.

The unparished area of the county constituency of Woking(15) excluding the parishes of Byfleet, Pirbright, Normandy and Ash.

PART IXWEST SUSSEX

The parishes of—

Explanatory Note

(This note is not part of the Order)

This Order designates the areas specified in the 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 and the unparished area 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)

Containing the settlements of Tyringham and Filgrave.

(4)

Containing the settlement of Calverton.

(5)

Containing the settlement of Seaford.

(6)

Containing the settlement of Andover.

(7)

Containing the settlements of Newport and Ryde.

(8)

Containing the settlement of Deal.

(9)

Containing the settlement of Herne Bay.

(10)

Containing the settlement of Whitstable.

(11)

Containing the settlements of Leatherhead and Dorking.

(12)

Designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1987/462.

(13)

Containing the settlements of Woldingham, Warlingham and Caterham.

(14)

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

(15)

Designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1987/462.