The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) (No. 2) Order 1981

Made: 2nd July 1981

Laid before Parliament: 10th July 1981

Coming into Operation: 31st July 1981

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19(1) and (12), and 151(1) and (3) of the Housing Act 1980, and of all other powers enabling him in that behalf, hereby makes the following order:—

Citation, commencement and interpretation

1

• (1) This order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) (No. 2) Order 1981 and shall come into operation on 31st July 1981.

• (2) In this order “the 1980 Act” means the Housing Act 1980.

Designated Rural Area

2

• (1) Subject to paragraph (2) of this article, the area specified in the Schedule to this order is hereby designated as a rural area for the purposes of section 19 of the 1980 Act.

• (2) The area designated by this article does not include any area of land in the National Park designated by the Dartmoor National Park (Designation) Confirmation Order 1951.

Designated Region

3

In relation to a dwelling-house which is situated in the rural area designated by article 2 of this order, the designated region for the purposes of section 19 of the 1980 Act shall be the County of Devon.

THE SCHEDULE — DESIGNATED RURAL AREA

The District of Mid Devon, with the exception of the Towns of Crediton, Cullompton and Tiverton.

Signed

Michael R.D. Heseltine — Secretary of State for the Environment — 2nd July 1981

Explanatory note

EXPLANATORY NOTE

This Order designates the District of Mid Devon (with the exception of the Towns of Crediton, Cullompton, and Tiverton and so much of the Dartmoor National Park as is within the District of Mid Devon) as a rural area for the purposes of section 19 of the Housing Act 1980 (“the 1980 Act”). This Order also designates the County of Devon as the designated region for the purposes of section 19 of the 1980 Act in respect of any dwelling-house situated in this rural area.

Under section 19 of the 1980 Act where a dwelling-house disposed of in pursuance of Chapter I of Part I of the 1980 Act is situated in a National Park, or an area designated under section 87 of the National Parks and Access to the Countryside Act 1949 as an area of outstanding natural beauty, or an area designated as a rural area, the conveyance or grant effecting that disposal may contain a covenant—

(a) limiting the freedom of the purchaser and his successors in title to dispose of the dwelling-house by conveying the freehold or assigning the lease, or granting certain kinds of lease or sub-lease other than with the written consent of the landlord; or

(b) giving the landlord a right of pre-emption.

Where the covenant described in (a) above is imposed, the consent to disposal is not to be withheld where the disposal is made to a person who has, throughout the three years immediately preceding the application for consent, had either his only or principal home or his place of work in a designated region which, or part of which, is comprised in the National Park, area of outstanding natural beauty or designated rural area in which the dwelling-house is situated.

Orders which have been made under section 19 of the 1980 Act as respects England are—

(1) The Housing (Right to Buy)(Designated Regions) Order 1980 (S.I. 1980/1345); and

(2) The Housing (Right to Buy)(Designated Rural Areas and Designated Regions)(England) Order 1981 (S.I. 1981/397).