Housing and Planning Act 2016

69 Payments to Secretary of State E+W

(1) The Secretary of State may make a determination requiring a local housing authority in England to make a payment to the Secretary of State in respect of a financial year.

(2) The amount of the payment must represent an estimate of—

(a) the market value of the authority's interest in any higher value housing that is likely to become vacant during the year, less

(b) any costs or other deductions of a kind described in the determination.

(3) For the housing to be taken into account, see section 70.

(4) A determination may only be made in respect of a local housing authority that keeps a Housing Revenue Account.

(5) A determination must set out the method for calculating the amount of the payment.

(6) A determination may, in particular, provide for all or part of the amount to be calculated using a formula.

(7) A determination may provide for assumptions to be made in making a calculation whether or not those assumptions are, or are likely to be, borne out by events.

(8) The Secretary of State must by regulations define “higher value”, in relation to housing, for the purposes of this Chapter.

(9) Regulations under subsection (8) may define “higher value” in different ways for different kinds of housing, different local housing authorities or different areas.

(10) In determining how to define “higher value”, in relation to housing, the Secretary of State may—

(a) use any category of housing that the Secretary of State considers appropriate as a comparator (for example, housing in which a local housing authority has an interest or housing in a particular area);

(b) take into account any other factors that the Secretary of State considers appropriate.