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STATUTORY INSTRUMENTS

2005 No. 1995

HOUSING, ENGLAND

The Housing (Right to Buy)(Designated Rural Areas and Designated Regions) (England) Order 2005

  Made 18th July 2005 
  Laid before Parliament 25th July 2005 
  Coming into force 15th August 2005 

The First Secretary of State, in exercise of the powers conferred by section 157(1)(c) and (3) of the Housing Act 1985[1], makes the following Order:

Citation, commencement, application and interpretation
     1. —(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) This Order applies in relation to England only[2].

    (3) In this Order "the Act" means the Housing Act 1985.

Designated rural areas
     2. The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.

Designated regions
     3. —(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


Yvette Cooper
Minister of State Office of the Deputy Prime Minister

18th July 2005



SCHEDULE 1
Article 2


Designation of rural areas




PART 1

District 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 2

District 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.


EXPLANATORY NOTE

(This note is not part of the Order)


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—

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.

Notes:

 [1] 1985 c.68. Section 157(1) was amended by Part 4 of Schedule 18 to the Government of Wales Act 1998 (c.38) and by paragraph 9 of Part 1 of Schedule 15 to the Countryside and Rights of Way Act 2000 (c.37). Subsections (2), (3) and (6) of section 157 were amended, and subsection (6A) inserted, by section 126 of the Housing Act 1988 (c.50). Subsections (4) and (5) of section 157 were amended by Schedule 16 to the Government of Wales Act 1998. Subsections (1), (2), (4) and (5) of section 157 were amended by section 188 of the Housing Act 2004 (c.34). There are other amendments to section 157 which are not relevant to this Order.back

[2] The functions of the Secretary of State under section 157 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to,, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672, to which there are amendments not relevant to this Order). By virtue of section 267 of the Housing Act 2004, references in that Order to the Housing Act 1985 (c.68) are to be treated as references to that Act as amended by the Housing Act 2004.back


ISBN 0 11 073109 3


 © Crown copyright 2005

Prepared 25 July 2005

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URL: https://www.bailii.org/uk/legis/num_reg/2005/20051995.html