xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part VIE+W Housing Finance

Modifications etc. (not altering text)

C1Pt. 6 (ss. 74-86) applied (1.4.1997) by 1992 c. 5, s. 140G (as inserted (1.4.1997) by 1996 c. 52, s. 121, Sch. 12 paras. 4; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.))

Housing accountsE+W

74 Duty to keep Housing Revenue Account.E+W

(1)A local housing authority shall keep, in accordance with proper practices, an account, called the “Housing Revenue Account”, of sums falling to be credited or debited in respect of—

(a)houses and other buildings which have been provided under Part II of the M1Housing Act 1985 (provision of housing);

(b)land which has been acquired or appropriated for the purposes of thatPart;

(c)houses purchased under section 192 of that Act (purchase of house foundon appeal against repair notice to be unfit and beyond repair at reasonable cost);

(d)dwellings in respect of which a local authority have received assistance under section 1 or section 4(2A) of the M2Housing (RuralWorkers) Act 1926;

(e)any property which—

(i)with the consent of the Secretary of State given under section 417(1) of the Housing Act 1985,

(ii)with the consent of a Minister given under section 50(1)(e) of the M3Housing (Financial Provisions) Act 1958, or

(iii)by virtue of section 50(2) of that Act (houses vesting in local authority on default of another person),

was brought within the corresponding account kept under Part XIII of the Housing Act 1985 for years beginning before 1st April 1990; and

(f)such land, houses or other buildings not within the preceding paragraphsas the Secretary of State may direct.

(2)References in subsection (1) above and the other provisions of this Part to provisions of the Housing Act 1985 include, where the context so admits, references to the corresponding provisions of earlier enactments; and the reference in paragraph (b) of that subsection to land acquired for the purposes of Part II of that Act includes—

(a)land which a local authority were deemed to have acquired under Part V of the M4Housing Act 1957 by virtue of section 57(6) of that Act (land acquired for re-development in pursuance of re-development plan) before the repeal of that section on 25th August 1969; and

(b)any structures on such land which were made available to a local authority under section 1 of the M5Housing (Temporary Accommodation) Act 1944 (prefabs).

(3)Paragraphs (a) to (e) of subsection (1) above shall not apply to—

(a)land, houses or other buildings disposed of by the authority;

(b)land acquired by the authority for the purpose of disposing of houses provided, or to be provided, on the land, or of disposing of the land to a person who intends to provide housing accommodation on it [F1or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided];

(c)houses provided by the authority on land so acquired; or

(d)such land, houses or other buildings as the Secretary of State may direct;

and paragraph (a) of that subsection shall not apply to houses and other buildings provided on or before 6th February 1919.

(4)A local housing authority not possessing property to which subsection (1)above applies shall nevertheless keep a Housing Revenue Account unless the Secretary of State consents to their not doing so and they comply with such conditions (if any) as may be specified in the consent.

(5)In this Part—

(a)references to the houses or other property of an authority within the authority’s Housing Revenue Account are references to the houses, dwellings or other property to which subsection (1) above for the time being applies;and

(b)references (however expressed) to a disposal are references to a conveyance of the freehold, or a grant or assignment of a lease (other than a shared ownership lease) which is a long tenancy within the meaning given by section 115 of the M6Housing Act 1985.

(6)Sections 417 to 420 of, and Schedule 14 to, the Housing Act 1985 (which are superseded by this section, sections 75 to 78 below and Schedule 4 to this Act) shall cease to have effect.

Textual Amendments

F1Words in s. 74(3)(b) inserted (24.9.1996) by 1996 c. 52, ss. 222, 232(2), Sch. 18 para. 24(2)

Marginal Citations

75 The keeping of the Housing Revenue Account.E+W

Schedule 4 to this Act shall have effect with respect to the keeping of a local housing authority’s Housing Revenue Account, as follows—

76 Duty to prevent debit balance on Housing Revenue Account.E+W

(1)This section applies where for any year (“the relevant year”) a local housing authority who are required to keep a Housing Revenue Account possess any houses or other property within the account.

(2)The authority shall, during the months of January and February immediately preceding the relevant year, formulate proposals which satisfy the requirements of subsection (3) below and relate to—

(a)the income of the authority for the year from rents and other charges in respect of houses and other property within their Housing Revenue Account;

(b)the expenditure of the authority for the year in respect of the repair,maintenance, supervision and management of such property; and

(c)such other matters connected with the exercise of the authority’s functions in relation to such property as the Secretary of State may direct.

(3)Proposals formulated by the authority under subsection (2) above satisfy the requirements of this subsection at any time if, on the assumption that thefollowing will prove correct, namely—

(a)the best assumptions that they are able to make at that time as to all matters which may affect the amounts falling to be credited or debited to their Housing Revenue Account for the relevant year; and

(b)the best estimates that they are able to make at that time of the amounts which, on those assumptions, will fall to be so credited or debited,

implementation of the proposals will secure that the account for that year does not show a debit balance.

(4)No assumptions shall be made under subsection (3) above as to the exerciseby the Secretary of State of any power except on the basis of information published by him or on his behalf or supplied by him to the authority.

(5)Subject to subsections (6) and (7) below, the authority shall implement the proposals formulated by them under subsection (2) above.

(6)The authority shall from time to time determine whether the proposals formulated under subsection (2) above satisfy the requirements of subsection(3) above; and—

(a)termine that question in the affirmative, they may make such revisions of the proposals as they think fit, so long as the proposals (as so revised) continue to satisfy those requirements;

(b)if they determine that question in the negative, they shall make such revisions of the proposals as are reasonably practicable towards securing that the proposals (as so revised) satisfy those requirements.

(7)Where the proposals formulated under subsection (2) above are revised under subsection (6) above, subsections (3) to (6) above shall apply inrelation to the proposals as so revised as they applied in relation to the proposals as originally formulated.

(8)The authority shall, within one month of formulating their proposals under subsection (2) above, or of revising those proposals under subsection (6)above, prepare a statement setting out—

(a)those proposals as so formulated or so revised;

(b)the estimates made by them under subsection (3)(b) above on the basis of which those proposals were so formulated or so revised; and

(c)such other particulars relating to those proposals and estimates as the Secretary of State may direct;

and a direction under paragraph (c) above may specify the manner in which the particulars are to be set out in the statement.

(9)The authority shall, until the end of the year next following the relevant year, keep copies of the statement which is for the time being the latest statement prepared by them under subsection (8) above available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from,that statement when so made available.

Modifications etc. (not altering text)

C3S. 76 modified (28.11.1994) by S.I. 1994/2825, reg. 39

77 Power to keep Housing Repairs Account.E+W

(1)A local housing authority who are required to keep a Housing RevenueAccount may also keep, in accordance with proper practices, an account called the “Housing Repairs Account”.

(2)An authority who keep a Housing Repairs Account shall carry to the credit of the account for any year—

(a)sums transferred for the year from their Housing Revenue Account; and

(b)sums receivable by the authority for the year in connection with the repair or maintenance of houses or other property within their Housing Revenue Account (either from their tenants or from the sale of scrapped or salvaged materials).

(3)The authority shall carry to the debit of the account for any year—

(a)all expenditure incurred by them for the year in connection with therepair or maintenance of houses or other property within their Housing Revenue Account;

(b)such expenditure incurred by them for the year in connection with the improvement or replacement of houses or other property within their Housing Revenue Account as may from time to time be determined by the Secretary of State; and

(c)sums transferred for the year to the Housing Revenue Account in accordance with subsection (5) below.

(4)The authority shall secure that sufficient credits are carried to the account to secure that no debit balance is shown in the account for any year.

(5)The authority may carry some or all of any credit balance in the account for any year to the credit of their Housing Revenue Account.

(6)So much of any credit balance shown in an authority’s Housing Repairs Account at the end of the year beginning 1st April 1989 as is not carried tothe credit of their Housing Revenue Account for that year shall be carried forward and credited to some other revenue account of theirs for the year beginning 1st April 1990.

78 Directions to secure proper accounting.E+W

The Secretary of State may give directions as to the accounting practices (whether actual or prospective) which are to be followed by a local housing authority in the keeping of their Housing Revenue Account or Housing RepairsAccount.

[F278A Directions as to treatment of service charges, &c.E+W

(1)The Secretary of State may give directions as to what items or amounts are to be regarded as referable to property within a local housing authority’s Housing Revenue Account where one or more parts of a building have been disposed of but the common parts remain property within that account.

(2)Any such direction also has effect for the purposes of any Housing Repairs Account kept by the authority.

(3)Directions under this section may give the authority a discretion as to whether items or amounts are accounted for in the Housing Revenue Account or any Housing Repairs Account or in another revenue account.

(4)In this section “common parts” includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more parts of the building.]

Textual Amendments

F2S. 78A inserted (1.10.1996 with effect as mentioned in Sch. 18 para. 4(2) of the amending Act) by 1996 c. 52, s. 222, Sch. 18 para. 4(1); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

[F378B Directions as to accounting for work subject to competitive tendering.E+W

(1)This section applies where work is carried out by a local housing authority which has successfully bid for the work on a competitive basis.

(2)The Secretary of State may give directions—

(a)to secure that the amount debited to the Housing Revenue Account or any Housing Repairs Account of the authority in respect of the work reflects the amount of the authority’s successful bid for the work rather than expenditure actually incurred;

(b)allowing an authority to credit to its Housing Revenue Account any surpluses reasonably attributable to work undertaken on or in connection with property within that account.

(3)Directions under subsection (2)(a) may make provision for determining the amount to be treated as the amount of the authority’s successful bid.

References in this Part to expenditure shall be construed as references to the amount falling to be debited in accordance with the directions.

(4)Directions under subsection (2)(b) may make provision as to the ascertainment of the surpluses referred to and the circumstances in which a surplus is or is not to be taken to be attributable to property within an authority’s Housing Revenue Account.]

Textual Amendments

F3S. 78B inserted (1.10.1996 with effect as mentioned in Sch. 18 para. 4(2) of the amending Act) by 1996 c. 52, s. 222, Sch. 18 para. 4(1); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

Housing subsidiesE+W

79 Housing Revenue Account subsidy.E+W

(1)Housing Revenue Account subsidy shall be payable for each year to local housing authorities [F4in Wales].

[F5(2)Housing Revenue Account subsidy shall be paid by the [F6Welsh Ministers]—

(a)in such instalments, at such times and in such manner, and

(b)subject to such conditions as to claims, records, certificates, supply of Housing Revenue Account business plans, audit or otherwise,

as the [F6Welsh Ministers] may determine.]

(3)Sections 421 to 427A of the M7Housing Act 1985 (which are superseded, in their application to local housing authorities, by this section and sections 80 and 86 below) shall cease to apply in relation to such authorities.

Textual Amendments

F5S. 79(2) substituted (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 89(1), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Marginal Citations

80 Calculation of Housing Revenue Account subsidy.E+W

[F7(1)The amount of Housing Revenue Account subsidy (if any) payable to a local housing authority [F8in Wales] for a year shall be calculated in such manner as the [F9Welsh Ministers] may from time to time determine.

(1A)A determination under subsection (1) above may (in particular)—

(a)provide for all or part of the amount to be calculated in accordance with a formula or formulae;

(b)provide for the amount, or part of the amount, to be calculated by reference to—

(i)whether any Housing Revenue Account business plan that the authority are required to prepare by any time has been supplied to the [F10Welsh Ministers] or has been supplied to the [F10Welsh Ministers] by that time;

(ii)the [F11Welsh Ministers'] assessment of any Housing Revenue Account business plan prepared by the authority and supplied to the [F12Welsh Ministers];

(iii)whether conditions are met that relate to, or to the authority’s conduct of, the authority’s finances or any aspect of those finances;

(iv)an assessment of the state of, or of the authority’s conduct of, the authority’s finances or any aspect of those finances;

(v)whether conditions are met that relate to housing provided by the authority, to housing functions of the authority or to the authority’s performance in exercising such functions;

(vi)an assessment of, or of the state of, housing provided by the authority;

(vii)an assessment of the authority’s performance in exercising functions in relation to housing provided by the authority or in otherwise exercising housing functions;

(viii)whether, as respects housing provided by the authority, management functions exercisable in relation to that housing have been entrusted to a company;

(ix)whether, where such functions have been entrusted to a company, conditions are met that relate to the performance of the company in exercising the functions;

(x)an assessment, where such functions have been entrusted to a company, of the performance of the company in exercising those functions;

(xi)assumptions as to any matter;

(c)have the effect that the amount, or part of the amount, is nil or a negative amount;

(d)make different provision for different parts of the amount.]

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In determining a formula for the purposes of this section for any year, [F14the [F15Welsh Ministers] may (in particular)] include variables framed (in whatever way [F16they consider] appropriate) by reference to—

(a)any amounts which fall to be or were credited or debited to the authority’s Housing Revenue Account for that year or any previous year;

(b)any amounts which, on such assumptions as the [F17Welsh Ministers] may determine (whether or not borne out or likely to be borne out by events), would fall to be or would have been so credited or debited; and

(c)such other matters relating to the authority, or to (or to tenants of) houses and other property which are or have been within the account, as [F18the Welsh Ministers think] fit;

F19...

(4)Without prejudice to the generality of subsection (3) above, a formula may require it to be assumed that the amount for any year of the rental income or housing expenditure of each authority [F20in Wales] is to be determined—

(a)by taking the amount which the [F21Welsh Ministers consider] (having regard, amongst other things, to past and expected movements in incomes, costs and prices) should be or should have been the aggregate amount for that year of the rental incomes or, as the case may be, the housing expenditure of all of the authorities [F22in Wales] taken together; and

(b)by apportioning that amount between [F23the authorities] in such manner as the [F24Welsh Ministers consider] appropriate (which may involve, if [F25the Welsh Ministers think] fit, inferring the aggregate values of the houses and other property within [F26the authorities'] respective Housing Revenue Accounts from the average values of any of the houses and other property which [F27the authorities] have disposed of);

and in this subsection “rental income” means income falling within item 1 of Part I of Schedule 4 to this Act and “housing expenditure” means expenditure falling within item 1 of Part II of that Schedule or falling to be debited to the authorities’ Housing Repairs Accounts.

[F28(5)Nothing in subsections (1A) to (4) above is to be taken as limiting the [F29Welsh Ministers'] discretion under subsection (1) above.

(6)The [F30Welsh Ministers] may make a determination under subsection (1) above, or a calculation under such a determination, on the basis of information received by [F31them] on or before such date as [F32they think] fit.]

Textual Amendments

F7S. 80(1)(1A) substituted for s. 80(1) (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 89(2), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F13S. 80(2) repealed (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 90(2), 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 7(a)(e)(iii) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F14Words in s. 80(3) substituted (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 89(3)(a), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F19Words in s. 80(3) repealed (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 89(3)(b), 128(6), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3(a)(i)(iii) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F28S. 80(5)(6) inserted (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 89(5), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C4S. 80: power to restrict conferred (1.12.1998) by 1998 c. 38, s. 22(5), Sch. 3 Pt. II para. 8 (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

[F3380BAgreements to exclude certain authorities or propertyE+W

(1)Subsection (2) applies if an agreement is in force between the [F34Welsh Ministers] and a local housing authority for sections 79 to 80A not to apply in relation to—

(a)the authority; or

(b)specified property, or specified descriptions of property, of the authority.

(2)Sections 79 to 80A do not apply in relation to the authority or (as the case may be) property for each year provided for in the agreement.

(3)Such an agreement may, in particular, contain terms and conditions about—

(a)the period of years for which sections 79 to 80A are not to apply (whether a fixed or indefinite period);

(b)payments to the authority by the [F35Welsh Ministers] or by the authority to the [F35Welsh Ministers];

(c)the levels of rent for specified property or specified descriptions of property (in the case of an agreement of the kind mentioned in subsection (1)(b));

(d)the provision of information;

(e)the variation or termination of the agreement (whether on the occurrence of particular events, at the discretion of the [F36Welsh Ministers] or otherwise).

(4)The [F37Welsh Ministers] may give directions about supplementary, incidental, consequential or transitional matters relating to the variation or termination of an agreement of the kind mentioned in subsection (1).

(5)Such directions may not override any provision made on the subject by the agreement unless the directions are given with the consent of the local housing authority concerned.

(6)The provision made by the directions or the agreement may, in particular, include transitional provision about the terms and conditions on which the authority or (as the case may be) property is to become subject to sections 79 to 80A after the termination of the agreement.

(7)This section does not restrict the circumstances in which Housing Revenue Account subsidy is otherwise not payable to a local housing authority, or in respect of particular property, by virtue of this Part.

(8)In this section—

Textual Amendments

[F3880ZANegative amounts of subsidy payable to [F39Welsh Ministers] E+W

(1)If calculation in accordance with a determination under section 80(1) above of the amount of Housing Revenue Account subsidy payable to a local housing authority for a year produces a negative amount—

(a)the authority shall for that year debit the equivalent positive amount to their Housing Revenue Account, and

(b)pay that equivalent amount to the [F40Welsh Ministers].

(2)Amounts payable to the [F41Welsh Ministers] under subsection (1)(b) above shall be paid to [F42them] in such instalments, at such times and in such manner as [F43they] may determine.

(3)A payment in respect of an amount payable under subsection (1)(b) above shall be accompanied by such information as the [F44Welsh Ministers] may require.

(4)The [F45Welsh Ministers] may charge a local housing authority interest, at such rates and for such periods as [F46the Welsh Ministers] may determine, on any sum payable to [F47the Welsh Ministers] under subsection (1)(b) above that is not paid by such time as may be determined under subsection (2) above for its payment.

(5)The [F48Welsh Ministers] may charge a local housing authority an amount equal to any additional costs incurred by [F49the Welsh Ministers] as a result of any sum payable to [F49the Welsh Ministers] under subsection (1)(b) above not being paid by such time as may be determined under subsection (2) above for its payment.]

Textual Amendments

F38S. 80ZA inserted (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 90(1), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

[F5080A Final decision on amount of Housing Revenue Account subsidy.E+W

(1)The [F51Welsh Ministers] shall, as soon as [F52they think] fit after the end of the year, make a final decision as to the amount (if any) of Housing Revenue Account subsidy payable to a local housing authority [F53in Wales] for that year and notify the authority in writing of [F54their] decision.

[F55(1A)Notification in writing of a decision under this section is to be taken as given to a local housing authority where notice of the decision is sent using electronic communications to such address as may for the time being be notified by that authority to the [F56Welsh Ministers] for that purpose.

F55(1B)Notification in writing of a decision under this section is also to be treated as given to a local housing authority where—

(a)the [F57Welsh Ministers] and that authority have agreed that notifications of decisions under this section required to be given in writing to that authority may instead be accessed by that authority on a web site;

(b)the decision is a decision to which that agreement applies;

(c)the [F58Welsh Ministers have] published the decision on a web site;

(d)that authority is notified, in a manner for the time being agreed for the purpose between it and the [F59Welsh Ministers], of—

(i)the publication of the decision on a web site;

(ii)the address of that web site; and

(iii)the place on that web site where the notice may be accessed, and how it may be accessed.

F55(1C)A local housing authority which is no longer willing to accept electronic communications for the notification of decisions under this section, may withdraw a notification of an address given to the [F60Welsh Ministers] for the purposes of subsection (1A) above, and such a withdrawal shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the [F60Welsh Ministers] that it wants to withdraw the notification of the address given.

F55(1D)A local housing authority which has entered into an agreement with the [F61Welsh Ministers] under paragraph (a) of subsection (1B) above may revoke the agreement, and such a revocation shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the [F61Welsh Ministers] that it wants to revoke the agreement.]

(2)Once notified to the authority the decision is conclusive as to the amount (if any) payable by way of subsidy and shall not be questioned in any legal proceedings.

(3)Where the amount of Housing Revenue Account subsidy paid to an authority is less than the amount finally decided, the authority is entitled to be paid the balance.

(4)Where Housing Revenue Account subsidy has been paid to an authority in excess of the amount finally decided, the [F62Welsh Ministers] may recover the excess, with interest from such time and at such rates as [F63they think] fit.

[F64(4A)Without prejudice to other methods of recovery, a sum recoverable under subsection (4) above may—

(a)be recovered by withholding or reducing subsidy, and

(b)if the sum is referable to housing benefit in respect of houses or other property within the authority’s Housing Revenue Account, be recovered by withholding or reducing rent rebate subsidy under Part 8 of the Social Security Administration Act 1992.]

(5)Nothing in this section affects any power of the [F65Welsh Ministers] to vary a determination as to the amount of subsidy before the final decision is made.]

Textual Amendments

F50S. 80A inserted (1.10.1996 with effect as mentioned in Sch. 18 para. 5(2) of the amending Act) by 1996 c. 52, s. 222, Sch. 18 para. 5(1); S.I. 1996/2402, art. 3

F55S. 80A(1A)-(1D) inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 2 and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

F64S. 80A(4A) substituted for words (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 31; S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

Modifications etc. (not altering text)

C5S. 80A extended (W.) (1.4.2001) by S.I. 2001/605, art. 2(1), Sch.

F6681. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6782 Residual debt subsidy for year 1989–90.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6783 Calculation of residual debt subsidy.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6784 Adjustment of housing subsidy for year 1989-90.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SupplementaryE+W

85 Power to obtain information.E+W

(1)A local housing authority [F68in Wales], and any officer or employee of a local housing authority [F68in Wales] concerned with their housing functions, shall supply the [F69Welsh Ministers] with such information as [F70the Welsh Ministers] may specify, either generally or in any particular case, for the purpose of enabling the [F69Welsh Ministers] to exercise [F71their] functions under section 80 F72... above.

(2)A local housing authority shall supply the [F73Welsh Ministers] with such certificates supporting the information required by [F74them] as [F75they] may specify.

(3)If a local housing authority, or any officer or employee of a local housing authority concerned with their housing functions, fails to comply with subsection (1) or (2) above before the end of such period as the [F76Welsh Ministers] may specify, [F77the Welsh Ministers] may exercise [F78their] functions under section 80 F79... above on the basis of such assumptions and estimates as [F80they see] fit.

Textual Amendments

86 Recoupment of subsidy in certain cases.E+W

(1)Where Housing Revenue Account subsidy F81... has been paid to a local housing authority and it appears to the [F82Welsh Ministers] that the case falls within rules published by [F83them], [F84they] may recover from the authority [F85any or F86. . . other authority which subsequently exercises the functions of a local housing authority for any part of the same area] the whole or such part of the payment as [F84they] may determine in accordance with the rules, with interest from such time and at such rates as [F84they] may so determine.

(2)Without prejudice to other methods of recovery, a sum recoverable under this section may be recovered by withholding or reducing subsidy.

Textual Amendments

F85Words in s. 86(1) inserted (28.11.1994) by S.I. 1994/2825, reg. 10

F86Words in s. 86(1) omitted (1.4.1996) by virtue of S.I. 1996/619, art. 10

87 Determinations and directions.E+W

(1)A determination made or direction given by the Secretary of State under this Part—

(a)may make different provision for different cases or descriptions of cases, including different provision for different areas, for different local housing authorities or for different descriptions of local housing authorities;

(b)may be made before, during or after the end of the year to which it relates; and

(c)may be varied or revoked by a subsequent determination or direction.

(2)Before making a determination or giving a direction under this Part relating to all local housing authorities or any description of such authorities, the Secretary of State shall consult such representatives of local government and relevant professional bodies as appear to him to be appropriate; and, before making a determination or giving a direction relating to a particular local housing authority, he shall consult that authority.

(3)As soon as practicable after making a determination under this Part, the Secretary of State shall send a copy of the determination to the local housing authority or authorities to which it relates.

[F87(4)References in this section to sending to a local housing authority a copy of a determination under this Part include references to using electronic communications for sending a copy of a determination to such address as may for the time being be notified to the Secretary of State by that authority for that purpose.

F88(5)For the purposes of this section a copy of a determination under this Part is also to be treated as sent to a local housing authority where—

(a)the Secretary of State and that authority have agreed to the authority instead having access to determinations on a web site;

(b)the determination is a determination to which that agreement applies;

(c)the Secretary of State has published the determination on a web site;

(d)that authority is notified, in a manner for the time being agreed for the purpose between that authority and the Secretary of State, of—

(i)the publication of the determination on a web site;

(ii)the address of that web site; and

(iii)the place on that web site where the determination may be accessed, and how it may be accessed.

F89(6)A local housing authority which is no longer willing to accept electronic communications for the sending of copies of determinations under this Part, may withdraw a notification of an address given to the Secretary of State for the purposes of subsection (4) above and such a withdrawal shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the Secretary of State that it wants to withdraw the notification of the address given.

F90(7)A local housing authority which has entered into an agreement with the Secretary of State under paragraph (a) of subsection (5) above may revoke the agreement and such a revocation shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the Secretary of State that it wants to revoke the agreement.]

Textual Amendments

F87S. 87(4)-(7) inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 3 and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

F88S. 87(4)-(7) inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 3 and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

F89S. 87(4)-(7) inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 3 and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

F90S. 87(4)-(7) inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 3 and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

Modifications etc. (not altering text)

C6S. 87 extended (W.) (1.4.2001) by S.I. 2001/605, art. 2(1), Sch.

[F9187AOrders amending Part 6E+W

(1)The appropriate person may by order—

(a)amend, repeal or re-enact provisions of sections 74 to 76 and 78 of, and Schedule 4 to, this Act;

(b)provide for any such provisions—

(i)not to apply, whether at all or in cases specified by the order or to authorities so specified;

(ii)to apply, whether generally or in cases so specified or to authorities so specified, subject to modifications so specified.

(2)An order under this section may (in particular)—

(a)add items to, or remove items from, Part 1 or 2 of Schedule 4 to this Act, or vary items of those Parts;

(b)confer discretions, or expand, curtail or repeal discretions conferred, on the appropriate person or any other person;

(c)be made before, during or after the end of any year to which it relates.

(3)In subsection (2)(b) above “discretion” includes power to make a determination or give a direction.

(4)An order under this section may—

(a)contain such incidental, consequential, transitional or supplementary provisions (including provisions amending or repealing enactments), and such savings, as the appropriate person considers appropriate;

(b)make different provision for different cases or authorities.

(5)The power to make an order under this section is exercisable by statutory instrument.

(6)The Secretary of State shall not make an order under this section unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.]

Textual Amendments

F91S. 87A inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 91(1), 128(2)(d)

88 Construction and application of Part VI.E+W

(1)In this Part—

(a)expressions which are used in Part XIII of the M8Housing Act 1985 (general financial provisions) have the same meaning as in that Part;

[F92(aa)“the appropriate person” means—

(i)in relation to England, the Secretary of State, and

(ii)in relation to Wales,] [F93Welsh Ministers];

(b)references to a local housing authority’s Housing Revenue Account or Housing Repairs Account include, where the context so admits, references to the corresponding account kept by them under that Part;

(c)references to a revenue account of a local housing authority other than their Housing Revenue Account do not include references to a Housing Repairs Account; [F94 and]

(d)references to proper practices shall be construed in accordance with [F95section 21 of the Local Government Act 2003] [F96; and

F97(e)“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

F98(i)by means of [F99an electronic communications network]; or

(ii)by other means but while in an electronic form;

F100(f)“address”, in relation to electronic communications, includes any number or address used for the purposes of such communications.]

F101(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F102... This Part has effect for years beginning on or after 1st April 1990.

F103(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any consultation undertaken before the passing of this Act in connection with a determination proposed to be made under this Part shall be as effective, in relation to that determination, as if this Part had been in force at the time the consultation was undertaken.

Textual Amendments

F92S. 88(1)(aa) inserted (18.11.2003 for E. and 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), ss. 89(6), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F93Words in s. 88(1)(aa)(ii) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 313(2), 325(2)(a)

F94Word in s. 88(1)(c) deleted (E.) (10.12.2000) by virtue of S.I. 2000/3056, art. 4(a)

F95Words in s. 88(1)(d) substituted (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 32; S.I. 2003/2938, art. 7(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F96Word in s. 88(1)(c) deleted (E.) (10.12.2000) by virtue of S.I. 2000/3056, art. 4(a)

F97S. 88(1)(e)(f) and the preceding "and" inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 4(b) and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

F99Words in s. 88(1)(e)(i) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 100 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F100S. 88(1)(e)(f) and the preceding "and" inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 4(b) and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

Marginal Citations