The Housing (Right to Buy) (Prescribed Persons) Order 1992

Explanatory Note

(This note is not part of the Order)

Part V of the Housing Act 1985 (“the Act”) provides for the right to buy. Qualification for the right to buy, entitlement to discount and the taking into account of any previous discount is affected by periods spent with or previous discount given by landlords who are public sector landlords. Section 130 of the Act requires discount obtained on a previous purchase from a public sector landlord, or from a person prescribed by Order under that section, to be taken into account in calculating discount on a later purchase under the right to buy.

Under Schedule 4 to the Act qualification for the right to buy and entitlement to discount are determined by reference to periods spent as a tenant of a public sector landlord or in armed forces accommodation. Paragraph 8 of Schedule 4 provides for prescribed persons to be treated as public sector landlords for these purposes.

Article 3 of this Order prescribes persons for the purposes of section 130(2)(a) of, and paragraph 8 of Schedule 4 to, the 1985 Act (except in the cases mentioned in article 1(2)). The article consolidates the lists of persons prescribed by the Housing (Right to Buy) (Prescribed Persons) Order 1984 as amended by the Housing (Right to Buy) (Prescribed Persons) Order 1989. Where statutory functions have been transferred, the new body is prescribed. This applies in relation to National Health Service trusts, the Countryside Council for Wales, Highlands and Islands Enterprise, the National Rivers Authority, the Nature Conservancy Council for England and Scottish Natural Heritage.

Article 4 prescribes circumstances for the purposes of section 130(2)(a) of, and paragraph 8 of Schedule 4 to, the 1985 Act (except in the cases mentioned in article 1(2)). The article consolidates the list of circumstances prescribed by the 1984 and 1989 Orders.

The earlier Orders are revoked (article 2).