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84 Amendment of section 67 of the Local Government Finance Act 1992 | |
(1) Section 67 of the Local Government Finance Act 1992 (under which certain | |
council tax functions must be discharged only by an authority as a whole) is | |
amended as follows. | |
(2) In subsection (1), for “Subject to subsections (3) and (3A) below,” there is | 5 |
substituted “Subject to subsections (2A) to (3A) below,”. | |
(3) After subsection (2) there is inserted— | |
“(2A) Subsection (1) does not apply to the following functions— | |
(a) the determination of an amount for item T in section 33(1) | |
above; | 10 |
(b) the determination of an amount for item TP in section 34(3) | |
above; | |
(c) the determination of an amount for item T in section 44(1) | |
above; | |
(d) the determination of an amount for item TP in section 45(3) | 15 |
above; | |
(e) the determination of an amount for item TP in section 48(3) or | |
(4) above; | |
(f) the determination of an amount for item T in section 88(2) of the | |
Greater London Authority Act 1999 (c. 29); | 20 |
(g) the determination of an amount for item TP2 in section 89(4) of | |
that Act; | |
(h) the determination of an amount required for determining an | |
amount for the item mentioned in paragraph (c), (d), (f) or (g) | |
above.” | 25 |
85 Vacant dwellings: use of information obtained for council tax purposes | |
In Schedule 2 to the Local Government Finance Act 1992 (c. 14) (council tax: | |
administration), after paragraph 18 there is inserted— | |
“18A (1) A billing authority may use information it has obtained for the | |
purpose of carrying out its functions under Part 1 of this Act for the | 30 |
purpose of— | |
(a) identifying vacant dwellings, or | |
(b) taking steps to bring vacant dwellings back into use. | |
(2) The power under sub-paragraph (1) above, so far as relating to | |
personal information, extends only to information which consists of | 35 |
an individual’s name or an address or number for communicating | |
with him. | |
(3) In this paragraph— | |
“personal information” means information which relates to an | |
individual (living or dead) who can be identified— | 40 |
(a) from that information, or | |
(b) from that information and other information of the | |
authority, | |
and includes any expression of opinion about the individual | |
and any indication of the intentions of any person in respect | 45 |
of the individual; | |
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“vacant dwelling” means a dwelling in which no one lives and | |
which is substantially unfurnished.” | |
86 Repeal of section 31 of the Local Government Act 1999 | |
Section 31 of the Local Government Act 1999 (c. 27) (further regulation of major | |
precepting authorities) ceases to have effect. | 5 |
Part 7 | |
Housing finance etc | |
87 Housing strategies and statements | |
(1) The appropriate person may— | |
(a) require a local housing authority to have a strategy in respect of such | 10 |
matters relating to housing as the appropriate person may specify, and | |
(b) impose requirements with respect to— | |
(i) the ends that the strategy is to be designed to achieve, | |
(ii) the formulation of policy for the purposes of the strategy, or | |
(iii) review of the strategy. | 15 |
(2) The appropriate person may require a local housing authority, by such time as | |
the appropriate person may specify, to prepare and supply the appropriate | |
person with a statement setting out such material of either of the following | |
descriptions as the appropriate person may specify— | |
(a) a strategy that the authority is required to have under subsection (1); | 20 |
(b) other material relating to housing. | |
(3) The appropriate person may, in relation to a statement whose preparation and | |
supply is required under subsection (2), impose requirements with respect | |
to— | |
(a) the contents of the statement; | 25 |
(b) the form of the statement; | |
(c) the statement’s supply to the appropriate person. | |
(4) In this section “local housing authority” has the same meaning as in the | |
Housing Act 1985 (c. 68). | |
88 Housing Revenue Account business plans | 30 |
(1) The power under section 87(3) includes (in particular) power to require that | |
material— | |
(a) in a statement, and | |
(b) relating to property within the Housing Revenue Account of the | |
authority preparing the statement, | 35 |
be designated in the statement as being, or forming part of, the authority’s | |
Housing Revenue Account business plan. | |
(2) All material that— | |
(a) in accordance with requirements imposed under 87(3) is so designated | |
in a statement prepared for the purposes of section 87(2) by an | 40 |
authority, and | |
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(b) has not in a subsequent statement so prepared by the authority been | |
declared to be superseded or withdrawn, | |
shall collectively be known as the authority’s Housing Revenue Account | |
business plan. | |
(3) The reference in subsection (1) to property within an authority’s Housing | 5 |
Revenue Account has the same meaning as in Part 6 of the Local Government | |
and Housing Act 1989 (c. 42) (housing finance). | |
89 Housing Revenue Account subsidy: payment and calculation | |
(1) For section 79(2) of the Local Government and Housing Act 1989 (payment of | |
Housing Revenue Account subsidy) there is substituted— | 10 |
“(2) Housing Revenue Account subsidy shall be paid by the appropriate | |
person— | |
(a) in such instalments, at such times and in such manner, and | |
(b) subject to such conditions as to claims, records, certificates, | |
supply of Housing Revenue Account business plans, audit or | 15 |
otherwise, | |
as the appropriate person may determine.” | |
(2) In section 80 of that Act (calculation of Housing Revenue Account subsidy), for | |
subsection (1) (subsidy to be calculated in accordance with formulae) there is | |
substituted— | 20 |
“(1) The amount of Housing Revenue Account subsidy (if any) payable to a | |
local housing authority for a year shall be calculated in such manner as | |
the appropriate person 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 | 25 |
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 | 30 |
has been supplied to the appropriate person or has been | |
supplied to the appropriate person by that time; | |
(ii) the appropriate person’s assessment of any Housing | |
Revenue Account business plan prepared by the | |
authority and supplied to the appropriate person; | 35 |
(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 | 40 |
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; | 45 |
(vi) an assessment of, or of the state of, housing provided by | |
the authority; | |
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(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, | 5 |
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; | 10 |
(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 | 15 |
a negative amount; | |
(d) make different provision for different parts of the amount.” | |
(3) In subsection (3) of that section (determinations of, and for the purposes of, | |
formulae)— | |
(a) in the words before paragraph (a), for “the Secretary of State may” there | 20 |
is substituted “the appropriate person may (in particular)”, and | |
(b) the words after paragraph (c) (which are superseded by the new | |
subsections (5) and (6) of that section) are omitted. | |
(4) In subsections (3)(b) and (4) of that section (provisions about formulae), for | |
“Secretary of State” (in each place) there is substituted “appropriate person”. | 25 |
(5) In that section, after subsection (4) there is inserted— | |
“(5) Nothing in subsections (1A) to (4) above is to be taken as limiting the | |
appropriate person’s discretion under subsection (1) above. | |
(6) The appropriate person may make a determination under subsection | |
(1) above, or a calculation under such a determination, on the basis of | 30 |
information received by him on or before such date as he thinks fit.” | |
(6) In section 88(1) of that Act (interpretation of Part 6), after paragraph (a) there is | |
inserted— | |
“(aa) “the appropriate person” means— | |
(i) in relation to England, the Secretary of State, and | 35 |
(ii) in relation to Wales, the National Assembly for Wales;”. | |
90 Housing Revenue Account subsidy: negative amounts | |
(1) In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing | |
finance), after section 80 there is inserted— | |
“80ZA Negative amounts of subsidy payable to appropriate person | 40 |
(1) If calculation in accordance with a determination under section 80(1) | |
above of the amount of Housing Revenue Account subsidy payable to | |
a local housing authority for a year produces a negative amount— | |
(a) the authority shall for that year debit the equivalent positive | |
amount to their Housing Revenue Acccount, and | 45 |
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(b) pay that equivalent amount to the appropriate person. | |
(2) Amounts payable to the appropriate person under subsection (1)(b) | |
above shall be paid to him in such instalments, at such times and in | |
such manner as he may determine. | |
(3) A payment in respect of an amount payable under subsection (1)(b) | 5 |
above shall be accompanied by such information as the appropriate | |
person may require. | |
(4) The appropriate person may charge a local housing authority interest, | |
at such rates and for such periods as he may determine, on any sum | |
payable to him under subsection (1)(b) above that is not paid by such | 10 |
time as may be determined under subsection (2) above for its payment. | |
(5) The appropriate person may charge a local housing authority an | |
amount equal to any additional costs incurred by him as a result of any | |
sum payable to him under subsection (1)(b) above not being paid by | |
such time as may be determined under subsection (2) above for its | 15 |
payment.” | |
(2) In section 80 of that Act (calculation of Housing Revenue Account subsidy), | |
subsection (2) (negative amounts of subsidy) is omitted. | |
(3) In Part 2 of Schedule 4 to that Act (amounts to be debited to a local housing | |
authority’s Housing Revenue Account), for item 5 there is substituted— | 20 |
“Item 5: sums payable under section 80ZA | |
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— | 25 |
(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.” | 30 |
(4) In section 141(8) of the Local Government Finance Act 1988 (c. 41) (amounts | |
due from authorities that may be set off against amounts due from Secretary of | |
State or National Assembly for Wales), for “and paragraphs 12 and 15 of that | |
Schedule” there is substituted “, paragraphs 12 and 15 of that Schedule and | |
section 80ZA of the Local Government and Housing Act 1989 (negative | 35 |
amounts of Housing Revenue Account subsidy and interest and costs where | |
payment made late)”. | |
91 Housing Revenue Accounts etc: adaptation of enactments | |
(1) In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing | |
finance), after section 87 there is inserted— | 40 |
“87A Orders amending Part 6 | |
(1) The appropriate person may by order— | |
(a) amend, repeal or re-enact provisions of this Part of this Act | |
(including provisions of Schedule 4 to this Act); | |
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(b) provide for any such provisions— | |
(i) not to apply, whether at all or in cases specified by the | |
order or to authorities so specified; | |
(ii) to apply, whether generally or in cases so specified or to | |
authorities so specified, subject to modifications so | 5 |
specified. | |
(2) An order under this section may (in particular)— | |
(a) add items to, or remove items from, Part 1 or 2 of Schedule 4 to | |
this Act, or vary items of those Parts; | |
(b) confer discretions, or expand, curtail or repeal discretions | 10 |
conferred, on the appropriate person or any other person; | |
(c) be made before, during or after the end of any year to which it | |
relates. | |
(3) In subsection (2)(b) above “discretion” includes power to make a | |
determination or give a direction. | 15 |
(4) An order under this section may— | |
(a) contain such incidental, consequential, transitional or | |
supplementary provisions (including provisions amending or | |
repealing enactments), and such savings, as the appropriate | |
person considers appropriate; | 20 |
(b) make different provision for different cases or authorities. | |
(5) The power to make an order under this section is exercisable by | |
statutory instrument. | |
(6) The Secretary of State shall not make an order under this section unless | |
a draft of the order has been laid before, and approved by resolution of, | 25 |
each House of Parliament.” | |
(2) In Part 4 of Schedule 4 to that Act (Housing Revenue Accounts: supplementary | |
provisions), paragraph 3 (which is superseded by the new section 87A) is | |
omitted. | |
92 Local housing authority houses: rents | 30 |
(1) In section 24(3) of the Housing Act 1985 (c. 68) (local housing authorities in | |
England and Wales to have regard to private sector rents in setting rents for | |
their houses), after “a local housing authority” there is inserted “in Wales”. | |
(2) The National Assembly for Wales may by order repeal section 24(3) of that Act | |
(as amended by subsection (1)). | 35 |
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Part 8 | |
Miscellaneous and general | |
Chapter 1 | |
Miscellaneous | |
Charging and trading | 5 |
93 Power to charge for discretionary services | |
(1) Subject to the following provisions, a best value authority may charge a person | |
for providing a service to him if— | |
(a) the authority is authorised, but not required, by an enactment to | |
provide the service to him, and | 10 |
(b) he has agreed to its provision. | |
(2) Subsection (1) does not apply if the authority— | |
(a) has power apart from this section to charge for the provision of the | |
service, or | |
(b) is expressly prohibited from charging for the provision of the service. | 15 |
(3) The power under subsection (1) is subject to a duty to secure that, taking one | |
financial year with another, the income from charges under that subsection | |
does not exceed the costs of provision. | |
(4) The duty under subsection (3) shall apply separately in relation to each kind of | |
service. | 20 |
(5) Within the framework set by subsections (3) and (4), a best value authority may | |
set charges as it thinks fit and may, in particular— | |
(a) charge only some persons for providing a service; | |
(b) charge different persons different amounts for the provision of a | |
service. | 25 |
(6) In carrying out functions under this section, a best value authority shall have | |
regard to such guidance as the appropriate person may issue. | |
(7) The following shall be disregarded for the purposes of subsection (2)(b)— | |
(a) section 111(3) of the Local Government Act 1972 (c. 70) (subsidiary | |
powers of local authorities not to include power to raise money), | 30 |
(b) section 34(2) of the Greater London Authority Act 1999 (c. 29) | |
(corresponding provision for Greater London Authority), and | |
(c) section 3(2) of the Local Government Act 2000 (c. 22) (well-being | |
powers not to include power to raise money). | |
(8) In subsection (1), “enactment” includes an enactment comprised in | 35 |
subordinate legislation (within the meaning of the Interpretation Act 1978 | |
(c. 30)). | |
94 Power to disapply section 93(1) | |
(1) The appropriate person may by order disapply section 93(1)— | |
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