The Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North East) Order 1997

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Statutory Instruments

1997 No. 624

HOUSING, ENGLAND AND WALES

The Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North East) Order 1997

Made

5th March 1997

Laid before Parliament

7th March 1997

Coming into force

1st April 1997

The Secretary of State for the Environment, as respects England, in exercise of the powers conferred upon him by section 17 of the Housing Act 1996(1) and section 1AA(3)(a) of the Leasehold Reform Act 1967(2) and of all other powers enabling him in that behalf, hereby makes the following Order-

Citation and commencement

1.  This Order may be cited as the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North East) Order 1997 and shall come into force on 1st April 1997.

Designated rural areas

2.  The following areas shall be designated rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise)-

(a)the parishes in the districts of the East Riding of Yorkshire, Hartlepool, Middlesborough, North East Lincolnshire, North Lincolnshire, Redcar and Cleveland and Stockton-on-Tees specified in Parts I, II, III, IV, V, VI and VII of Schedule 1 to this Order and in the counties of Durham, Northumberland, North Yorkshire, South Yorkshire, Tyne and Wear and West Yorkshire specified in Parts VIII, IX, X, XI, XII and XIII of Schedule 1 to this Order;

(b)those areas in the parishes and the unparished areas in the districts of the East Riding of Yorkshire, Hartlepool, North Lincolnshire and Redcar and Cleveland specified in Parts I, II, III and IV of Schedule 2 to this Order and in the counties of Durham, Northumberland, North Yorkshire, South Yorkshire, Tyne and Wear and West Yorkshire specified in Parts V, VI, VII, VIII, IX and X of Schedule 2 to this Order each shown bounded with a black line and cross hatched on one of the one hundred and thirty one maps entitled "Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North East) Order 1997" of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment; and

(c)the parish of Bradfield in the county of South Yorkshire with the exception of the non-cross hatched area shown bounded with a black line on one of the one hundred and thirty one maps entitled "Maps referred to in the Housing (Right to Acquire or Enfranchise) (Designated Rural Areas in the North East) Order 1997" of which prints, signed by a member of the Senior Civil Service in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment.

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

5th March 1997

Article 2(a)

SCHEDULE 1DESIGNATED RURAL AREAS-WHOLE PARISHES

PART IEAST RIDING OF YORKSHIRE

PART IIHARTLEPOOL

PART IIIMIDDLESBROUGH

PART IVNORTH EAST LINCOLNSHIRE

PART VNORTH LINCOLNSHIRE

PART VIREDCAR AND CLEVELAND

PART VIISTOCKTON-ON-TEES

PART VIIIDURHAM

PART IXNORTHUMBERLAND

PART XNORTH YORKSHIRE

PART XISOUTH YORKSHIRE

PART XIITYNE AND WEAR

PART XIIIWEST YORKSHIRE

Article 2(b)

SCHEDULE 2DESIGNATED RURAL AREAS BY MAPS

PART IEAST RIDING OF YORKSHIRE

The parishes of-

PART IIHARTLEPOOL

PART IIINORTH LINCOLNSHIRE

PART IVREDCAR AND CLEVELAND

The parishes of-

The unparished area of the borough constituency of Redcar(4).

PART VDURHAM

The parishes of-

The unparished area(5) bounded by the parishes of Spennymoor, Windlestone, Shildon, Etherley, Evenwood and Barony and the borough constituency of North West Durham(6).

The unparished area(7) bounded by the county constituency of North Durham(8), the borough constituency of Blaydon(9), and by the parishes of Greencroft, Lanchester and Healeyfield, and the parish of Shotley Low Quarter in the county of Northumberland.

The unparished area(10) bounded by the parishes of Urpeth, Edmondsley, the county constituency of North West Durham and the borough constituency of Blaydon.

The unparished area(11) bounded by the county constituency of Bishop Auck land(12) and the parishes of Wolsingham, Hedleythorpe, Brandon and Byshottles, Brancepeth and Spennymore.

PART VINORTHUMBERLAND

The parishes of-

The unparished area of the borough constituency of Blyth Valley(13).

The unparished area of the county constituency of Wansbeck(14) excluding the parishes of Longhurst, Pegswood, Hepscott, Morpeth, Mitford and Hebron.

PART VIINORTH YORKSHIRE

The parishes of-

The unparished area(15) bounded by the parishes of Nida, Brearton, Scotton, Knaresborough, Plompton, Follifoot, Spofforth with Stockfield, Kirkby Overblow, North Rigton, Pannal and Killinghall.

PART VIIISOUTH YORKSHIRE

The parishes of-

PART IXTYNE AND WEAR

The parishes of-

The unparished area of the borough constituency of Blaydon(16) excluding the parishes of Lamesley and Birtley.

PART XWEST YORKSHIRE

The parishes of-

The unparished area(17) of the county constituency of Keighly(18) excluding the parishes of Seeton with Eastburn, Silsden, Addingham, Ilkley and Oxenhope.

The unparished area of the borough constituency of Leeds North East(19) excluding the parish of Harewood.

The unparished area(20) of the county constituency of Normanton(21) excluding the parishes of Normanton, Newland with Woodhouse Moor, Warmfield cum Heath and Sharlston.

Explanatory Note

(This note is not part of the Order)

This Order designates the areas in the districts and counties specified in Article 2 and the Schedules as rural areas for the purposes of section 17 of the Housing Act 1996 (the right to acquire) and section 1AA(3)(a) of the Leasehold Reform Act 1967 (additional right to enfranchise). The right of tenants of registered social landlords to acquire their homes under sections 16 and 17 of the 1996 Act and the right of tenants with long leases to enfranchise under section 1AA of the 1967 Act do not apply in respect of properties in areas which have been designated as rural areas. In the case of tenants with long leases, the additional conditions in section 1AA(3)(b) and (c) of the 1967 Act must be fulfilled before the right to enfranchise is excluded.

Those parishes in Schedule 1 are exempt in their entirety from the right to acquire and the additional right to enfranchise. Those parishes and the unparished areas in Schedule 2 contain areas which are exempt from the rights. The maps indicate which areas are excluded. The parish mentioned in article 2(c) contains one area which is not exempt from the rights, while the remainder of the parish is a designated rural area. Prints of the maps may be inspected during normal office hours at the offices of the Department of the Environment, Eland House, Bressenden Place, London SW1E 5DU.

(2)

1967 c. 88; section 1AA was inserted by paragraph 1 of Schedule 9 to the Housing Act 1996.

(3)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(4)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(5)

Containing the settlement of Bishop Auckland.

(6)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(7)

Containing the settlement of Consett.

(8)

Designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1987/462.

(9)

Designated a borough constituency by S.I. 1983/417 to which there are amendments not relevant to this Order.

(10)

Containing the settlement of Stanley.

(11)

Containing the settlement of Crook.

(12)

Designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1987/462.

(13)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(14)

Designated a county constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(15)

Containing the settlement of Harrogate.

(16)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(17)

Containing the town of Keighley.

(18)

Designated a county constituency by S.I. 1983/417; the relevant amending instrument is S.I. 1986/597.

(19)

Designated a borough constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.

(20)

Containing the settlements of Rothwell, Newton Hill and Wrenthorpe.

(21)

Designated a county constituency by S.I. 1983/417, to which there are amendments not relevant to this Order.


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