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Local Government Bill


Local Government Bill
Part 7 — Housing finance etc

    48

 

           “(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

information received by him on or before such date as he thinks fit.”

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     (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

                        (ii)                       in relation to Wales, the National Assembly for Wales;”.

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 91    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

           (1)           If calculation in accordance with a determination under section 80(1)

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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

                  (b)                 pay that equivalent amount to the appropriate person.

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           (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)

above shall be accompanied by such information as the appropriate

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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

time as may be determined under subsection (2) above for its payment.

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           (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

payment.”

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     (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—

“Item 5: sums payable under section 80ZA

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                        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

 

 

Local Government Bill
Part 7 — Housing finance etc

    49

 

        Act (Housing Revenue Account subsidy of a negative amount)

and—

                    (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

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respect of costs incurred as a result of late payment of any of

those sums.”

     (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

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Schedule” there is substituted “, paragraphs 12 and 15 of that Schedule and

section 80ZA of the Local Government and Housing Act 1989 (negative

amounts of Housing Revenue Account subsidy and interest and costs where

payment made late)”.

 92    Housing Revenue Accounts etc: adaptation of enactments

15

     (1)    In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing

finance), after section 87 there is inserted—

       “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

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(including provisions of Schedule 4 to this Act);

                  (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

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authorities so specified, subject to modifications so

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;

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                  (b)                 confer discretions, or expand, curtail or repeal discretions

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

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determination or give a direction.

           (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

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person considers appropriate;

                  (b)                 make different provision for different cases or authorities.

           (5)                         The power to make an order under this section is exercisable by

statutory instrument.

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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           (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,

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

5

omitted.

 93    Local housing authority houses: rents

     (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”.

10

     (2)    The National Assembly for Wales may by order repeal section 24(3) of that Act

(as amended by subsection (1)).

Part 8

Miscellaneous and general

Chapter 1

15

Miscellaneous

Charging and trading

 94    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—

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           (a)           the authority is authorised, but not required, by an enactment to

provide the service to him, and

           (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

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service, or

           (b)           is expressly prohibited from charging for the provision of the service.

     (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.

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     (4)    The duty under subsection (3) shall apply separately in relation to each kind of

service.

     (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;

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           (b)           charge different persons different amounts for the provision of a

service.

     (6)    In carrying out functions under this section, a best value authority shall have

regard to such guidance as the appropriate person may issue.

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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     (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),

           (b)           section 34(2) of the Greater London Authority Act 1999 (c. 29)

(corresponding provision for Greater London Authority), and

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           (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

subordinate legislation (within the meaning of the Interpretation Act 1978

(c. 30)).

10

 95    Power to disapply section 94(1)

     (1)    The appropriate person may by order disapply section 94(1)—

           (a)           in relation to particular descriptions of best value authority or

particular best value authorities;

           (b)           in relation to the provision of a particular kind of service by—

15

                  (i)                 all best value authorities,

                  (ii)                particular best value authorities, or

                  (iii)               particular descriptions of best value authority.

     (2)    The power under subsection (1) includes power to disapply for a particular

period.

20

 96    Power to trade in function-related activities through a company

     (1)    The appropriate person may by order—

           (a)           authorise best value authorities to do for a commercial purpose

anything which they are authorised to do for the purpose of carrying

on any of their ordinary functions, and

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           (b)           make provision about the persons in relation to whom authority under

paragraph (a) is exercisable.

     (2)    No order under this section may authorise a best value authority—

           (a)           to do in relation to a person anything which it is required to do in

relation to him under its ordinary functions, or

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           (b)           to do in relation to a person anything which it is authorised, apart from

this section, to do in relation to him for a commercial purpose.

     (3)    An order under this section may be made in relation to—

           (a)           all best value authorities, particular best value authorities or particular

descriptions of best value authority;

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           (b)           all things authorised to be done for the purpose of carrying on a

particular function, particular things authorised to be done for that

purpose or particular descriptions of thing authorised to be so done.

     (4)    Power conferred by an order under this section shall only be exercisable

through a company within the meaning of Part 5 of the Local Government and

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Housing Act 1989 (c. 42) (companies in which local authorities have interests).

     (5)    A best value authority on which power is conferred by an order under this

section shall be treated as a local authority for the purposes of Part 5 of the

Local Government and Housing Act 1989 if it would not otherwise be such an

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    52

 

     (5)    authority, but only in relation to a body corporate through which it exercises,

or proposes to exercise, the power conferred by the order.

     (6)    In its application by virtue of subsection (5), section 70(1) of the Local

Government and Housing Act 1989 (c. 42) (power to make provision about

what a company under the control, or subject to the influence of, a local

5

authority does) shall only apply in relation to the doing for a commercial

purpose of the thing to which the order under this section relates.

     (7)    In this section—

                    “best value authority” does not include—

                  (a)                 a police authority established under section 3 of the Police Act

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1996 (c. 16),

                  (b)                 the Common Council of the City of London in its capacity as a

police authority,

                  (c)                 the Metropolitan Police Authority, or

                  (d)                 the London Development Agency;

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                    “ordinary functions”, in relation to a best value authority, means

functions of the authority which are not functions under this section.

 97    Regulation of trading powers

     (1)    The appropriate person may by order impose conditions in relation to the

exercise by a best value authority of—

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           (a)           a power to do anything for a commercial purpose, or

           (b)           a power to do anything for such a purpose through a company.

     (2)    In exercising such a power as is mentioned in subsection (1), a best value

authority shall have regard to such guidance as the appropriate person may

issue.

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     (3)    An order under this section may be made in relation to—

           (a)           all best value authorities,

           (b)           particular best value authorities, or

           (c)           particular descriptions of best value authority.

     (4)    In this section, “best value authority” does not include—

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           (a)           a police authority established under section 3 of the Police Act 1996,

           (b)           the Common Council of the City of London in its capacity as a police

authority,

           (c)           the Metropolitan Police Authority, or

           (d)           the London Development Agency.

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     (5)    In subsection (1)(b), “company” has the same meaning as in Part 5 of the Local

Government and Housing Act 1989.

 98    Power to modify enactments in connection with charging or trading

     (1)    If it appears to the Secretary of State that an enactment (whenever passed or

made) prevents or obstructs best value authorities—

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           (a)           charging by agreement for the provision of a discretionary service, or

           (b)           doing for a commercial purpose anything which they are authorised to

do for the purpose of carrying on any of their ordinary functions,

            he may by order amend, repeal, revoke or disapply the enactment.

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    53

 

     (2)    The Secretary of State may by order amend, repeal, revoke or disapply an

enactment, other than section 94, which makes in relation to a best value

authority provision for, or in connection with, power to charge for the

provision of a discretionary service.

     (3)    The power under subsection (1) or (2) to amend or disapply an enactment

5

includes power to amend or disapply an enactment for a particular period.

     (4)    An order under this section may be made in relation to—

           (a)           all best value authorities,

           (b)           particular best value authorities, or

           (c)           particular descriptions of best value authority.

10

     (5)    An order under subsection (1)(b) may be made in relation to—

           (a)           all things authorised to be done for the purpose of carrying on a

particular function,

           (b)           particular things authorised to be done for that purpose, or

           (c)           particular descriptions of thing authorised to be so done.

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     (6)    An order under subsection (1)(b) may not be used to authorise a best value

authority to do in relation to a person anything which it is required to do in

relation to him under its ordinary functions.

     (7)    In exercising the power under subsection (1) or (2), the Secretary of State—

           (a)           must not make any provision which has effect in relation to Wales

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unless he has consulted the National Assembly for Wales, and

           (b)           must not make any provision in relation to legislation made by the

National Assembly for Wales without the consent of the Assembly.

     (8)    The National Assembly for Wales may submit proposals to the Secretary of

State that the power under subsection (1) or (2) should be exercised in relation

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to Wales in accordance with those proposals.

     (9)    Subject to subsection (10), no order shall be made under this section unless a

draft of the order has been laid before, and approved by resolution of, each

House of Parliament.

     (10)   An order under this section which is made only for the purpose of amending

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an earlier order under this section—

           (a)           so as to extend the earlier order, or any provision of the earlier order, to

a particular authority or to authorities of a particular description, or

           (b)           so that the earlier order, or any provision of the earlier order, ceases to

apply to a particular authority or to authorities of a particular

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description,

            shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

     (11)   In this section—

                    “discretionary service”, in relation to a best value authority, means a

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service which the authority is authorised, but not required, to provide;

                    “enactment” includes an enactment comprised in subrordinate legislation

(within the meaning of the Interpretation Act 1978 (c. 30));

                    “ordinary functions”, in relation to a best value authority, means

functions of the authority which are not functions under section 96.

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