Statutory Instrument 1993 No. 2240

The Housing (Extension of Right to Buy) Order 1993

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© Crown Copyright 1993

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1993 No. 2240

HOUSING, ENGLAND AND WALES

The Housing (Extension of Right to Buy) Order 1993

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 171 of the Housing Act 1985^[1] and of all other powers enabling them in that behalf, hereby make the following Order—

Citation and commencement
    1.    This Order may be cited as the Housing (Extension of Right to Buy) Order 1993 and shall come into force on 11th October 1993.

Interpretation
    2.    In this Order, unless the contrary intention appears, a reference to a number, section, Part or Schedule, without more, is a reference to the section, Part or Schedule bearing that number in the Housing Act 1985.

Extension of the right to buy
    3.    —(1)  Where there are in a dwelling-house let on a secure tenancy one or more interests which are interests to which this article applies, and the dwelling-house is a house, Part V (the right to buy) has effect with the modifications specified in the Schedule to this Order.

    (2)  This article applies to an interest held by—

a local authority,


a new town corporation,


a housing action trust,


an urban development corporation,


the Development Board for Rural Wales,


the Corporation^[2], or


a registered housing association, other than one excepted from the right to buy by Schedule 5, paragraph 1 (charities), 2 (co-operatives) or 3 (associations which have not received grant),

which is immediately superior to the interest of the landlord or to another interest to which this article applies.

Supplementary provision
    4.    Where, in pursuance of Part V as modified by this Order, a secure tenant serves a notice claiming to exercise the right to buy and the interest of the landlord, an intermediate landlord or the freeholder in the dwelling-house passes to a person not being an authority or body to which article 3(2) applies, the freeholder shall as soon as practicable serve on the tenant a notice in writing telling him that he is no longer entitled to acquire the freehold of the dwelling-house.

Revocations
    5.    The Housing (Extension of Right to Buy) Order 1987^[3] and the Housing (Extension of Right to Buy) Order 1990^[4] are hereby revoked.

Transitional provision
    6.—(1)  This Order does not apply in a case where the tenant's notice claiming to exercise the right to buy was served before this Order comes into force.

    (2)  For the purposes of paragraph (1), no account shall be taken of any steps taken under section 177^[5] (errors and omissions in notices).

Signed by authority of the Secretary of State

G. S. K. Young

Minister of State, Department of the Environment

8th September 1993

John Redwood

Secretary of State for Wales

9th September 1993

[1] 1985 c. 68. back

[2] See paragraph 107 of Schedule 17 to the Housing Act 1988 (c. 50). back

[3] S.I. 1987/1732. back

[4] S.I. 1990/179. back

[5] Section 177 was amended by paragraph 106 of Schedule 17 to the Housing Act 1988 (c. 50), paragraph 20 of Schedule 21 and Schedule 22 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28). back

Explanatory Note