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Localism Act 2011

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Valid from 01/10/2013

Section 167

SCHEDULE 15E+WAbolition of Housing Revenue Account subsidy in England

This schedule has no associated Explanatory Notes

1E+WPart 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 ”.

7E+WOmit 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 ”.

9E+WIn 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 ”.

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