Localism Act 2011

Valid from 01/10/2013

Section 167

SCHEDULE 15 E+W Abolition of Housing Revenue Account subsidy in England

1 E+W Part 6 of the Local Government and Housing Act 1989 (housing finance) is amended as follows.

2 (1) Section 79 (Housing Revenue Account subsidy) is amended as follows. E+W

(2) In subsection (1) after “local housing authorities” insert “ in Wales ”.

(3) In subsection (2) for “appropriate person” in both places substitute “ Welsh Ministers ”.

3 (1) Section 80 (calculation of Housing Revenue Account Subsidy) is amended as follows. E+W

(2) In subsection (1)—

(a) after “local housing authority” insert “ in Wales ”, and

(b) for “appropriate person” substitute “ Welsh Ministers ”.

(3) In subsection (1A)(b)—

(a) in sub-paragraph (i) for “appropriate person” in both places substitute “ Welsh Ministers ”, and

(b) in sub-paragraph (ii)—

(i) for “appropriate person's” substitute “Welsh Ministers'”, and

(ii) for “appropriate person” substitute “ Welsh Ministers ”.

(4) In subsection (3)—

(a) in the opening words for “appropriate person” substitute “ Welsh Ministers ”,

(b) in the opening words for “he considers” substitute “ they consider ”,

(c) in paragraph (b) for “appropriate person” substitute “ Welsh Ministers ”, and

(d) in paragraph (c) for “he thinks” substitute “ the Welsh Ministers think ”.

(5) In subsection (4)—

(a) in the opening words for “(or each authority in England or in Wales)” substitute “ in Wales ”,

(b) in paragraph (a)—

(i) for the “appropriate person considers” substitute “ Welsh Ministers consider ”, and

(ii) for “(or all of the authorities in England or Wales)” substitute “ in Wales ”, and

(c) in paragraph (b)—

(i) for “them” substitute “ the authorities ”,

(ii) for the “appropriate person considers” substitute “ Welsh Ministers consider ”,

(iii) for “he thinks” substitute “ the Welsh Ministers think ”,

(iv) for “their” substitute “the authorities'”, and

(v) for “they” substitute “ the authorities ”.

(6) In subsection (5) for “appropriate person's” substitute “Welsh Ministers'”.

(7) In subsection (6)—

(a) for “appropriate person” substitute “ Welsh Ministers ”,

(b) for “him” substitute “ them ”, and

(c) for “he thinks” substitute “ they think ”.

4 (1) Section 80ZA (negative amounts of subsidy payable to appropriate person) is amended as follows. E+W

(2) In the heading for “appropriate person” substitute “ Welsh Ministers ”.

(3) In subsection (1)(b) for “appropriate person” substitute “ Welsh Ministers ”.

(4) In subsection (2)—

(a) for “appropriate person” substitute “ Welsh Ministers ”,

(b) for “him” substitute “ them ”, and

(c) for “he” substitute “ they ”.

(5) In subsection (3) for “appropriate person” substitute “ Welsh Ministers ”.

(6) In subsection (4)—

(a) for “appropriate person” substitute “ Welsh Ministers ”,

(b) for “he” substitute “ the Welsh Ministers ”, and

(c) for “him” substitute “ the Welsh Ministers ”.

(7) In subsection (5)—

(a) for “appropriate person” substitute “ Welsh Ministers ”, and

(b) for “him” in both places substitute “ the Welsh Ministers ”.

5 (1) Section 80A (final decision on amount of Housing Revenue Account subsidy) is amended as follows. E+W

(2) In subsection (1)—

(a) after the first “authority” insert “ in Wales ”,

(b) for “Secretary of State” substitute “ Welsh Ministers ”,

(c) for “he thinks” substitute “ they think ”, and

(d) for “his” substitute “ their ”.

(3) In subsection (1A) for “Secretary of State” substitute “ Welsh Ministers ”.

(4) In subsection (1B)—

(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) in paragraph (c) for “Secretary of State has” substitute “ Welsh Ministers have ”, and

(c) in paragraph (d) for “Secretary of State” substitute “ Welsh Ministers ”.

(5) In subsection (1C) for “Secretary of State” in both places substitute “ Welsh Ministers ”.

(6) In subsection (1D) for “Secretary of State” in both places substitute “ Welsh Ministers ”.

(7) In subsection (4)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b) for “he thinks” substitute “ they think ”.

(8) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

6 (1) Section 80B (agreements to exclude certain authorities or property) is amended as follows. E+W

(2) In subsection (1) for “appropriate person” substitute “ Welsh Ministers ”.

(3) In subsection (3)—

(a) in paragraph (b) for “appropriate person” in both places substitute “ Welsh Ministers ”, and

(b) in paragraph (e) for “appropriate person” substitute “ Welsh Ministers ”.

(4) In subsection (4) for “appropriate person” substitute “ Welsh Ministers ”.

7 E+W Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year 1989-90).

8 (1) Section 85 (power to obtain information) is amended as follows. E+W

(2) In subsection (1)—

(a) after “authority” in both places insert “ in Wales ”,

(b) for “Secretary of State” in both places substitute “ Welsh Ministers ”,

(c) for “he” substitute “ the Welsh Ministers ”,

(d) for “his” substitute “ their ”, and

(e) omit “or 83”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) for “him” substitute “ them ”, and

(c) for “he” substitute “ they ”.

(4) In subsection (3)—

(a) for “Secretary of State” substitute “ Welsh Ministers ”,

(b) for the first “he” substitute “ the Welsh Ministers ”,

(c) for “his” substitute “ their ”,

(d) omit “or 83”, and

(e) for “he sees” substitute “ they see ”.

9 E+W In section 86(1) (recoupment of subsidy in certain cases)—

(a) omit “or residual debt subsidy”,

(b) for “Secretary of State” substitute “ Welsh Ministers ”,

(c) for “him” substitute “ them ”, and

(d) for “he” in each place substitute “ they ”.

10 (1) Section 88 (construction and application of Part 6) is amended as follows. E+W

(2) Omit subsection (2).

(3) In subsection (3) omit “Subject to subsection (2) above,”.

(4) Omit subsections (4) and (5).

11 (1) Schedule 4 (the keeping of the Housing Revenue Account) is amended as follows. E+W

(2) In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA) for “the Secretary of State, or the National Assembly for Wales,” substitute “ the Welsh Ministers ”.

(3) In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA subsidy payable) after “authority” insert “ in Wales ”.