This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Housing, England
Made
10th June 2019
Laid before Parliament
11th June 2019
Coming into force
10th July 2019
The Secretary of State makes the following Order in exercise of the powers conferred by section 157(1)(c) and (3) of the Housing Act 1985(1).
1.-(1) This Order may be cited as the Housing (Right to Buy) (Designated Rural Area and Designated Region) (England) Order 2019 and comes into force on 10th July 2019.
(2) In this Order "the Act" means the Housing Act 1985.
2. In the district of Teignbridge, the parish of Abbotskerswell is designated as a rural area for the purposes of section 157 of the Act.
3. In relation to a dwelling-house which is situated in the parish of Abbotskerswell, the region designated for the purposes of section 157(3) of the Act is the County of Devon.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Kit Malthouse
Minister of State
Ministry of Housing, Communities and Local Government
10th June 2019
(This note is not part of the Order)
This Order designates the parish of Abbotskerswell in the district of Teignbridge as a rural area under section 157(1)(c) of the Housing Act 1985 ("the Act").
The county of Devon is the designated region under section 157(3) of the Act in relation to dwelling-houses in the parish of Abbotskerswell.
The effect of this order is to enable a local authority or housing association which sells a dwelling house in a designated rural area under Part 5 of the Act (the right to buy) to impose a covenant requiring its consent to any further disposal unless that further disposal is an exempted disposal under section 160 of the Act. Under section 157(3) of the Act that consent cannot be withheld if the disposal is to a person who has throughout the preceding 3 years had either their principal home or place of work in a designated region in which the designated rural area falls.
Similar covenants as to consent may also be imposed in relation to a dwelling-house in the area designated by this Order that is sold voluntarily by a local authority under section 32 of the Act.
A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.
1985 c. 68. Section 157(1) was amended by Part 4 of Schedule 18 to the Government of Wales Act 1998 (c. 38), by paragraph 9 of Part 1 of Schedule 15 to the Countryside and Rights of Way Act 2000 (c. 37) and by section 188 (2)(a) of the Housing Act 2004 (c. 34). Section 157(3) was amended by section 126 of the Housing Act 1988 (c. 50). There are other amendments to section 157 which are not relevant to this Order.