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Local Government and Housing Act 1989, Part II is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the debit of the account amounts equal to the items listed in this Part of this Schedule.
The expenditure of the authority for the year in respect of the repair, maintenance, supervision and management of houses and other property within the account, but not including expenditure properly debited to the authority’s Housing Repairs Account.
If the Secretary of State so directs, this item shall include, or not include, such expenditure as may be determined by or under the direction.
Textual Amendments
F1Sch. 4 Pt. 2 Item 2 substituted (1.4.2004) by The Local Authorities (Capital Finance) (Consequential, Transitional and Saving Provisions) Order 2004 (S.I. 2004/533), arts. 1, 4
Any expenditure of the authority in respect of houses and other property within the account—
(a) which is capital expenditure for the year; and
(b) which the authority decide should be charged to a revenue account for the year.
In this item “capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance).]
The rents, rates, taxes and other charges which the authority are liable to pay for the year in respect of houses and other property within the account.
Textual Amendments
F2Sch. 4 Pt. 2 Item 4 repealed (1.4.2004) by Local Government Act 2003 (c. 26), s. 128(3)(e)(f), Sch. 7 para. 33(4), Sch. 8 Pt. 1; S.I. 2003/2938, art. 6(d)(e)(i)(i) (with art. 8, Sch.)
...
Textual Amendments
F3Sch. 4 Pt. II Item 5 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), ss. 90(3), 128(6); S.I. 2003/2938, art. 7(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Sums payable for the year to the Secretary of State, or the National Assembly for Wales, under subsection (1)(b) of section 80ZA of this Act (Housing Revenue Account subsidy of a negative amount) and—
(a)any interest charged on those sums under subsection (4) of that section, and
(b)any amount charged under subsection (5) of that section in respect of costs incurred as a result of late payment of any of those sums.]
Textual Amendments
F4Sch. 4 Pt. 2 Item 5A inserted (15.11.2011) by Localism Act 2011 (c. 20), ss. 170(9), 240(5)(n)
Sums payable for the year to the Secretary of State under section 170(4) or (5) of the Localism Act 2011 (interest etc charged as a result of late payment of settlement payments etc).]
Sums transferred for the year to the authority’s Housing RepairsAccount.
The following, namely—
(a) any sums credited to the account for the year or any previous year under item 1 or 2 of Part I of this Schedule which, in the opinion of the authority, are bad debts which should be written off; and
(b) any provision for doubtful debts which, in their opinion, should be made in respect of sums so credited.
If the Secretary of State so directs, no sums shall be debited under paragraph (a) above, and no provision shall be debited under paragraph (b)above, except (in either case) in such circumstances and to such extent as maybe specified in the direction.
Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.
In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses or other property which are or have been within the account, as he thinks fit.
Any debit balance shown in the account for the previous year.
This item does not include any such balance so shown which is carried to the debit of some other revenue account of the authority in accordance with paragraph 1 of Part III of this Schedule.
Textual Amendments
F5Sch. 4 Pt. 2 Item 10 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), s. 128(6), Sch. 7 para. 33(5); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Any sums which for the year the authority is required, by reason of a direction given by the appropriate person, to carry from the account to the credit of some other revenue account of theirs.
A direction under this item may require the transfer of sums calculated in accordance with formulae specified in the direction, and any formula so specified may include variables framed (in whatever way the appropriate person considers appropriate) by reference to such matters as the appropriate person thinks fit.
In giving a direction under this item, the appropriate person may (in particular) take into account the effect of such a direction on—
(a) other revenue accounts in the authority’s relevant fund,
(b) the amounts of council tax falling to be set by the authority under section 30 of the Local Government Finance Act 1992, and
(c) the authority’s budget requirement under section 32(4) of that Act.
In this item the reference to the authority’s “relevant fund” is—
(a) in relation to England, to the authority’s general fund within the meaning of section 91(2) of the Local Government Finance Act 1988, and
(b) in relation to Wales, to the authority’s council fund within the meaning of section 38(1) of the Local Government (Wales) Act 1994.]
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