The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2018

Statutory Instruments

2018 No. 265

Housing, England

The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2018

Made

28th February 2018

Laid before Parliament

1st March 2018

Coming into force

27th March 2018

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).

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 2018 and comes into force on 27th March 2018.

2.  This Order applies in relation to England only.

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

Designated rural areas

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

Designated regions

5.  In relation to a dwelling-house which is situated in a rural area designated by article 3 and listed in paragraph 1 of the Schedule, the region designated for the purposes of section 157(3) of the Act is the district of North Kesteven.

6.  In relation to a dwelling-house which is situated in a rural area designated by article 3 and listed in paragraph 2 of the Schedule, the region designated for the purposes of section 157(3) of the Act is the district of Stroud.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

28th February 2018

Article 3

SCHEDULE Designated rural areas

1.  In the district of North Kesteven the parishes of Anwick, Ashby de la Launde and Bloxholm, Aswarby and Swarby, Aubourn with Haddington, Aunsby and Dembleby, Bassingham, Beckingham, Billinghay, Blankney, Boothby Graffoe, Brant Broughton and Stragglethorpe, Burton Pedwardine, Canwick, Carlton-le-Moorland, Coleby, Cranwell, Brauncewell and Byard’s Leap, Digby, Doddington and Whisby, Dogdyke, Dorrington, Dunston, Eagle and Swinethorpe, Ewerby and Evedon, Great Hale, Harmston, Kirkby la Thorpe, Leadenham, Leasingham, Little Hale, Martin, Navenby, Nocton, North Kyme, North Rauceby, North Scarle, Norton Disney, Osbournby, Potter Hanworth, Rowston, Scopwick, Scredington, Silk Willoughby, South Kyme, South Rauceby, Stapleford, Swaton, Swinderby, Thorpe on the Hill, Threekingham, Thurlby, Timberland, Walcot near Folkingham, Walcott, Welbourn, Wellingore and Wilsford.

2.  In the district of Stroud the parishes of Alderley, Alkington, Amberley, Arlingham, Bisley with Lypiatt, Brookthorpe with Whaddon, Coaley, Cranham, Eastington, Frampton on Severn, Fretherne with Saul, Frocester, Ham and Stone, Hamfallow, Harescombe, Haresfield, Hillesley and Tresham, Hinton, Horsley, Kingswood, Longney and Epney, Miserden, Moreton Valance, North Nibley, Nympsfield, Painswick, Pitchcombe, Slimbridge, Standish, Stinchcombe, Uley and Whitminster.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates—

(a) the parishes listed in the Schedule to the Order as rural areas under section 157(1)(c) of the Housing Act 1985 (c. 68) (“the Act”); and

(b) the districts of North Kesteven and Stroud as designated regions under section 157(3) of the Act in relation to dwelling-houses in the designated rural areas falling within those districts.

This enables 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 their only or principal home or place of work in a designated region in which the designated rural area falls.

Such a covenant may also be imposed in relation to a dwelling-house in a designated rural area 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.

(1)

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.