The Housing (Right to Buy) (Designated Regions) Order 1980 No. 1345

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Statutory Instruments

1980 No. 1345

HOUSING, ENGLAND AND WALES

The Housing (Right To Buy) (Designated Regions) Order 1980

Made

5th September 1980

Laid before Parliament

12th September 1980

Coming into Operation

3rd October 1980

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 19(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 Regions) Order 1980 and shall come into operation on 3rd October 1980.

(2) In this order-

"the 1949 Act" means the National Parks and Access to the Countryside Act 1949, and

"the 1980 Act" means the Housing Act 1980.

Designated regions

2. In relation to a dwelling-house in England, other than one to which article 3 or 4 applies, which is situated in a National Park or an area designated under section 87 of the 1949 Act as an area of outstanding natural beauty, the designated region for the purposes of section 19 of the 1980 Act shall be the area comprising the following-

(i)that Park or that area of outstanding natural beauty, as the case may be; and

(ii)so much of the county in which the dwelling-house is situated as is not within that Park or that area.

3.-(1) This article applies to dwelling-houses situated in the area designated as an area of outstanding natural beauty for the purposes of the 1949 Act by the Wye Valley Area of Outstanding Natural Beauty (Designation) (England) Order 1971.

(2) In relation to a dwelling-house to which this article applies, the designated region for the purposes of section 19 of the 1980 Act shall be an area comprising the following-

(a)the area designated by that Order, and

(b)so much of the county in which the dwelling-house is situated as is not within the area designated by that Order.

4.-(1) This article applies to dwelling-houses situated in the Isles of Scilly.

(2) In relation to a dwelling-house to which this article applies, the designated region for the purposes of section 19 of the 1980 Act shall be the area of the Isles of Scilly.

Signed by authority of the Secretary of State

John Stanley

Minister of Housing and Construction

Department of the Environment

5th September 1980

EXPLANATORY NOTE

Where a dwelling-house disposed of in pursuance of Chapter I of Part I of the Housing Act 1980 is situated in a National Park, 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 by order of the Secretary of State as a rural area, the conveyance or grant effecting that disposal may contain a covenant 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 consent of the landlord.

Under the Act such consent 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 region which or part of which is comprised in the National Park or area of outstanding natural beauty in which the dwelling-house is situated. Such regions may be designated by order of the Secretary of State. This order designates in respect of dwelling-houses in National Parks or areas of outstanding natural beauty situated in England a region comprising the Park or area in which the dwelling-house is situated and, so far as not situated in the Park or area, the county in which it is situated. Special provision is made for the area designated as an area of outstanding natural beauty by the Wye Valley Area of Outstanding Natural Beauty (Designation) (England) Order 1971, and for the Isles of Scilly.


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