The Housing (Right to Buy) (Designated Rural Areas and Designated Region) (England) Order 1988

Made: 24th November 1988

Laid before Parliament: 1st December 1988

Coming into force: 22nd December 1988

The Secretary of State for the Environment, in exercise of the powers conferred upon him by section 157(1)(c) and (3)(a) of the Housing Act 1985[^f00001], 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 Region) (England) Order 1988 and shall come into force on 22nd December 1988.

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

Designated rural areas

2

• (1) Subject to paragraph (2) of this article, the areas specified in the Schedule to this Order are designated as rural areas for the purposes of section 157 of the 1985 Act.

• (2) The areas designated by this article do not include any area of land in the National Park designated by the Yorkshire Dales National Park (Designation) Order 1953, or any area of land in an area of outstanding natural beauty designated by the Forest of Bowland Areas of Outstanding Natural Beauty (Designation) Order 1963.

Designated region

3

In relation to a dwelling-house which is situated in a rural area designated by article 2 of this Order, the designated region for the purposes of section 157(3) of the 1985 Act shall be the County of North Yorkshire.

SCHEDULE — DESIGNATED RURAL AREAS

In the District of Craven, the parishes of Bank Newton, Bentham, Bolton Abbey, Burton in Lonsdale, Clapham cum Newby, Coniston Cold, Embsay with Eastby, Gargrave, Giggleswick, Halton East, Hellifield, Ingleton, Langcliffe, Lawkland, Long Preston, Otterburn, Rathmell, Settle, Stirton with Thorlby, Thornton in Lonsdale, Wigglesworth.

Signed

Nicholas Ridley — Secretary of State for the Environment — 24th November 1988

Explanatory note

(This note is not part of the Order)

This Order designates certain areas in the district of Craven as rural areas for the purposes of section 157 of the Housing Act 1985 (“the 1985 Act”). Where a dwelling house in these areas (or, by section 157 itself, in National Parks or areas of outstanding natural beauty) is sold under the right to buy, the vendor can either:—

• (a) reserve a right of pre-emption if the Secretary of State or (if the vendor is a housing association) the Housing Corporation consents; (general consents have been given for the reservation of such rights); or

• (b) impose a covenant requiring its consent to any further disposal unless it is an exempted disposal under section 160 of the 1985 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 a designated region, and the Order designates the County of North Yorkshire as such a region in relation to the rural areas designated by the Order.

Voluntary sales, under section 32 of the 1985 Act, of dwelling houses in the designated areas, can (by section 37(1) of the Act) be made subject to similar covenants as to consent but not to rights of pre-emption.

Copies of the Yorkshire Dales National Park (Designation) Order 1953, and the Forest of Bowland Areas of Outstanding Natural Beauty (Designation) Order 1963, referred to in article 2(2), are available for inspection at the offices of the Countryside Commission at John Dower House, Crescent Place, Cheltenham, Gloucestershire GL50 3RA.

Footnotes

[^f00001]: 1985 c. 68.