C2C3 Part VI Housing Finance

Annotations:
Modifications etc. (not altering text)
C2

Pt. 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 subsidies

C180 Calculation of Housing Revenue Account subsidy.

F11

The amount of Housing Revenue Account subsidy (if any) payable to a local housing authority F6in Wales for a year shall be calculated in such manner as the F7Welsh 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 F8Welsh Ministers or has been supplied to the F8Welsh Ministers by that time;

ii

the F9Welsh Ministers' assessment of any Housing Revenue Account business plan prepared by the authority and supplied to the F10Welsh 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.

F52

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3

In determining a formula for the purposes of this section for any year, F2the F11Welsh Ministers may (in particular) include variables framed (in whatever way F12they 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 F13Welsh 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 F14the Welsh Ministers think fit;

F4...

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 F15in Wales is to be determined—

a

by taking the amount which the F16Welsh 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 F17in Wales taken together; and

b

by apportioning that amount between F18the authorities in such manner as the F19Welsh Ministers consider appropriate (which may involve, if F20the Welsh Ministers think fit, inferring the aggregate values of the houses and other property within F21the authorities' respective Housing Revenue Accounts from the average values of any of the houses and other property which F22the 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.

F35

Nothing in subsections (1A) to (4) above is to be taken as limiting the F23Welsh Ministers' discretion under subsection (1) above.

6

The F24Welsh Ministers may make a determination under subsection (1) above, or a calculation under such a determination, on the basis of information received by F25them on or before such date as F26they think fit.