The Housing (Right to Buy)(Designated Rural Areas and Designated Regions) (England) Order 2005
Citation, commencement, application and interpretation1.
(1)
This Order may be cited as the Housing (Right to Buy)(Designated Rural Areas and Designated Regions)(England) Order 2005 and shall come into force on 15th August 2005.
(2)
(3)
In this Order “the Act” means the Housing Act 1985.
Designated rural areas2.
The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.
Designated regions3.
(1)
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 1 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Ryedale.
(2)
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 2 of the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Tendring.
Signed by authority of the First Secretary of State
SCHEDULE 1Designation of rural areas
PART 1District of Ryedale
In the district of Ryedale, the parishes of Acklam, Aislaby, Allerston, Amotherby, Ampleforth, Appleton-le-Moors, Appleton-le-Street with Easthorpe, Barton-le-Street, Barton-le-Willows, Barugh Great & Little, Beadlam, Birdsall, Bransdale, Brawby, Broughton, Bulmer, Burythorpe, Buttercrambe with Bossall, Byland with Wass, Cawton, Claxton, Cold Kirby, Coneysthorpe, Coulton, Crambe, Cropton, Ebberston & Yedingham, Edstone, Fadmoor, Farndale East, Farndale West, Flaxton, Foston, Foxholes, Fryton, Ganton, Gate Helmsley, Gillamoor, Gilling East, Grimstone, Habton, Harome, Hartoft, Harton, Hawnby, Helmsley, Henderskelfe, Heslerton, Hovingham, Howsham, Hutton-le-Hole, Huttons Ambo, Kirby Grindalythe, Kirby Misperton, Kirkbymoorside, Langton, Lastingham, Leavening, Levisham, Lillings Ambo, Lockton, Luttons, Marishes, Marton, Middleton, Nawton, Newton, Normanby, Nunnington, Old Byland & Scawton, Oldstead, Oswaldkirk, Pockley, Rievaulx, Rillington, Rosedale East Side, Rosedale West Side, Salton, Sand Hutton, Scackleton, Scagglethorpe, Scampston, Scrayingham, Settrington, Sherburn, Sheriff Hutton, Sinnington, Slingsby, South Holme, Spaunton, Sproxton, Stonegrave, Swinton, Terrington, Thixendale, Thornton-le-Clay, Thornton-le-Dale, Thorpe Bassett, Upper Helmsley, Warthill, Weaverthorpe, Welburn, Kirbymoorside, Welburn, Malton, Westow, Wharram, Whitwell-on-the-Hill, Willerby, Wilton, Wintringham, Wombleton and Wrelton.
PART 2District of Tendring
In the district of Tendring, the parishes of Ardleigh, Beaumont, Bradfield, Elmstead, Frating, Great Bentley, Great Bromley, Great Oakley, Little Bentley, Little Bromley, Little Oakley, Ramsey & Parkeston, Tendring, Thorpe-le-Soken, Thorrington, Weeley, Wix and Wrabness.
This Order designates certain parishes in the districts of Ryedale and Tendring as rural areas and provides for each of those districts to be a designated region for the purposes of section 157 of the Housing Act 1985 (“the Act”). Ryedale is designated in relation to dwelling-houses in the parishes listed in Part 1 of the Schedule to the Order and Tendring in relation to dwelling-houses in the parishes listed in Part 2 of the Schedule.
Where a dwelling-house in a designated rural area is sold under the right to buy, the vendor may—
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
reserve a right of pre-emption if the Secretary of State or, if the vendor is a housing association, the Housing Corporation consents.
The Secretary of State has given a general consent which is effective for allowing a vendor, other than a housing association, to reserve a right of pre-emption.
Similar covenants as to consent or rights of pre-emption may be imposed in relation to dwelling-houses in the areas designated by this Order that are sold voluntarily under section 32 of the Act.