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STATUTORY INSTRUMENTS


2001 No. 3874

HOUSING, ENGLAND

The Housing (Right to Buy) (Priority of Charges) (England) (No. 3) Order 2001

  Made 30th November 2001 
  Coming into force 21st December 2001 

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred on him by section 156(4) of the Housing Act 1985[1], hereby makes the following Order - 

Citation, commencement and extent
     1.  - (1) This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) (No. 3) Order 2001 and shall come into force on 21st December 2001.

    (2) This Order extends to England only.

Specified Body
    
2. E-Mex Home Funding Limited (Company No. 2124900) is hereby specified as an approved lending institution for the purposes of section 156[2] of the Housing Act 1985 (priority of charges).



Signed by authority of the Secretary of State for Transport, Local Government and the Regions


Sally Keeble
Parliamentary Under Secretary of State, Department for Transport, Local Government and the Regions

30th November 2001



EXPLANATORY NOTE

(This note is not part of the Order)


This Order specifies E-Mex Home Funding Limited ("the Company") as an approved lending institution for the purposes of section 156 of the Housing Act 1985 (priority of charges on disposals under the right to buy), in addition to the bodies already specified in that section or in previous Orders. The Company thereby also becomes an approved lending institution for the purposes of section 36 of the 1985 Act (priority of charges on voluntary disposals by local authorities) and section 12 of the Housing Act 1996 (priority of charges on voluntary disposals by registered social landlords).

As section 156 of the Housing Act 1985 is applied by section 171A of that Act to cases in which a tenants' right to buy is preserved and by section 17 of the Housing Act 1996 to cases in which a tenant has the right to acquire under section 16 of the 1996 Act, the Company is also an approved lending institution for the purposes of those rights.


Notes:

[1] 1985 c. 68; section 156(4) was amended by the Housing Act 1988 (c. 50), Schedule 17, paragraph 106 and by Part 13 of Schedule 19 to the Housing Act 1996 (c. 52). The Secretary of State's functions under section 156, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672, Article 2 and Schedule 1.back

[2] Section 156 was also amended by the Housing and Planning Act 1986 (c. 63), Schedule 5, paragraph 1(2) and (5) and by section 120(3) and (4) of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28).back



ISBN 0 11 038927 1


 © Crown copyright 2001

Prepared 11 December 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20013874.html