The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) (No 2) Order 2005

Made14th October 2005

Laid before Parliament25th October 2005

Coming into force16th November 2005

The First Secretary of State, in exercise of the powers conferred by section 157(1)(c) and (3) of the Housing Act 19851, makes the following Order:

Citation, commencement, application and interpretation1

1

This Order may be cited as the Housing (Right to Buy)(Designated Rural Areas and Designated Regions) (England) (No 2) Order 2005 and shall come into force on 16th November 2005.

2

This Order applies in relation to England only2.

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 Mole Valley.

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 Richmondshire.

Signed by authority of the First Secretary of State

Yvette CooperMinister of State Office of the Deputy Prime Minister14th October 2005

SCHEDULE 1Designation of rural areas

Article 2

PART 1District of Mole Valley

In the district of Mole Valley, the parishes of Abinger, Betchworth, Buckland, Charlwood, Headley, Holmwood, Leigh, Mickleham, Newdigate and Ockley.

PART 2District of Richmondshire

In the district of Richmondshire, the parishes of Akebar, Aldbrough, Appleton East and West, Arrathorne, Aske, Barden, Barton, Bellerby, Bolton on Swale, Brough with St Giles, Cleasby, Cliffe, Constable Burton, Croft on Tees, Dalton, Dalton on Tees, Downholme, Easby, East Hauxwell, East Layton, Ellerton on Swale, Eppleby, Eryholme, Finghall, Forcett and Carkin, Garriston, Gayles, Gilling with Hartforth and Sedbury, Harmby, Hornby, Hudswell, Hunton, Hutton Hang, Kirby Hill, Leyburn, Manfield, Marrick, Marske, Melsonby, Middleham, Middleton Tyas, Moulton, New Forest, Newsham, Newton Morrell, Newton le Willows, North Cowton, Patrick Brompton, Preston under Scar, Ravensworth, Redmire, Scorton, Skeeby, Spennithorne, Stainton, Stanwick St John, Stapleton, Thornton Steward, Tunstall, Uckerby, Walburn, Wensley, West Hauxwell, West Layton and Whashton.

(This note is not part of the Order)

This Order designates certain parishes in the districts of Mole Valley and Richmondshire 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”). Mole Valley is the designated region in relation to dwelling-houses in the parishes listed in Part 1 of the Schedule to the Order, and Richmondshire 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—

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 only or principal home or place of work in a designated region which, or part of which, is comprised in the designated rural area) (section 157(3) of the Act); 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 (section 156A(8) of the Act as inserted by section 188 of the Housing Act 2004).

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.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.