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Local Government Bill
Part 6 — Council tax

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Other

 84    Major precepting authorities: combined fire authorities

     (1)    In section 39(1) of the Local Government Finance Act 1992 (c. 14) (which

specifies the authorities which are major precepting authorities for the

purposes of Part 1 of that Act), after paragraph (d) there is inserted—

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                  “(da)                    a fire authority in England constituted by a combination scheme

made under section 6 of the Fire Services Act 1947;”.

     (2)    The National Assembly for Wales may by order amend section 39(1)(da) of the

Local Government Finance Act 1992 for the purpose of extending the provision

to fire authorities in Wales.

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     (3)    Before making an order under subsection (2), the National Assembly for Wales

shall consult—

           (a)           such bodies or persons appearing to it to be representative of the

interests of local government in Wales, and

           (b)           such other bodies or persons,

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            as it may consider appropriate.

 85    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.

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     (2)    In subsection (1), for “Subject to subsections (3) and (3A) below,” there is

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)

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above;

                  (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;

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                  (d)                 the determination of an amount for item TP in section 45(3)

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

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Greater London Authority Act 1999 (c. 29);

                  (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)

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above.”

 

 

Local Government Bill
Part 7 — Housing finance etc

    45

 

 86    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

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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

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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—

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                            (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

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of the individual;

                     “vacant dwelling” means a dwelling in which no one lives and

which is substantially unfurnished.”

 87    Repeal of section 31 of the Local Government Act 1999

Section 31 of the Local Government Act 1999 (c. 27) (further regulation of major

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precepting authorities) ceases to have effect.

Part 7

Housing finance etc

 88    Housing strategies and statements

     (1)    The appropriate person may—

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           (a)           require a local housing authority to have a strategy in respect of such

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

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                  (iii)               review of the strategy.

     (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—

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           (a)           a strategy that the authority is required to have under subsection (1);

           (b)           other material relating to housing.

 

 

Local Government Bill
Part 7 — Housing finance etc

    46

 

     (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;

           (b)           the form of the statement;

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           (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).

 89    Housing Revenue Account business plans

     (1)    The power under section 88(3) includes (in particular) power to require that

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material—

           (a)           in a statement, and

           (b)           relating to property within the Housing Revenue Account of the

authority preparing the statement,

            be designated in the statement as being, or forming part of, the authority’s

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Housing Revenue Account business plan.

     (2)    All material that—

           (a)           in accordance with requirements imposed under 88(3) is so designated

in a statement prepared for the purposes of section 88(2) by an

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

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Revenue Account has the same meaning as in Part 6 of the Local Government

and Housing Act 1989 (c. 42) (housing finance).

 90    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—

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           “(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

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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—

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           “(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)—

 

 

Local Government Bill
Part 7 — Housing finance etc

    47

 

                  (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

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that the authority are required to prepare by any time

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

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authority and supplied to the appropriate person;

                        (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

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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

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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

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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;

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                        (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

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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.”

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     (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

is substituted “the appropriate person may (in particular)”, and

           (b)           the words after paragraph (c) (which are superseded by the new

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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”.

     (5)    In that section, after subsection (4) there is inserted—

 

 

 
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