1 Citation, commencement, application and interpretation

(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.

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

NOTES
Initial Commencement
Specified date

Specified date: 15 August 2005: see para (1) above.

2 Designated rural areas

2Designated rural areas

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

NOTES
Initial Commencement
Specified date

Specified date: 15 August 2005: see art 1(1).

3 Designated regions

3Designated regions

(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.

NOTES
Initial Commencement
Specified date

Specified date: 15 August 2005: see art 1(1).

Signature

Signed by authority of the First Secretary of State

Yvette Cooper

Minister of State

Office of the Deputy Prime Minister

18th July 2005

EXPLANATORY NOTE

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—

(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 home or place of work in the designated region in which the dwelling-house is situated); 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.

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.