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Local Government Bill


Local Government Bill
Part 6 — Council tax

    45

 

     (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.

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

shall consult—

5

           (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,

            as it may consider appropriate.

 85    Amendment of section 67 of the Local Government Finance Act 1992

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     (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

substituted “Subject to subsections (2A) to (3A) below,”.

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     (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;

                  (b)                 the determination of an amount for item TP in section 34(3)

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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)

above;

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                  (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);

                  (g)                 the determination of an amount for item TP2 in section 89(4) of

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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.”

 86    Vacant dwellings: use of information obtained for council tax purposes

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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

purpose of—

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                    (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

 

 

Local Government Bill
Part 7 — Housing finance etc

    46

 

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.

     (3)    The appropriate person may, in relation to a statement whose preparation and

supply is required under subsection (2), impose requirements with respect

to—

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           (a)           the contents of the statement;

           (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).

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Local Government Bill
Part 7 — Housing finance etc

    47

 

 89    Housing Revenue Account business plans

     (1)    The power under section 88(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

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authority preparing the statement,

            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 88(3) is so designated

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

authority, and

           (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

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business plan.

     (3)    The reference in subsection (1) to property within an authority’s Housing

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

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     (1)    For section 79(2) of the Local Government and Housing Act 1989 (payment of

Housing Revenue Account subsidy) there is substituted—

           “(2)              Housing Revenue Account subsidy shall be paid by the appropriate

person—

                  (a)                 in such instalments, at such times and in such manner, and

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                  (b)                 subject to such conditions as to claims, records, certificates,

supply of Housing Revenue Account business plans, audit or

otherwise,

                         as the appropriate person may determine.”

     (2)    In section 80 of that Act (calculation of Housing Revenue Account subsidy), for

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subsection (1) (subsidy to be calculated in accordance with formulae) there is

substituted—

           “(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.

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           (1A)              A determination under subsection (1) above may (in particular)—

                  (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—

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                        (i)                        whether any Housing Revenue Account business plan

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;

 

 

Local Government Bill
Part 7 — Housing finance etc

    48

 

                        (ii)                       the appropriate person’s assessment of any Housing

Revenue Account business plan prepared by the

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

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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

those finances;

                        (v)                        whether conditions are met that relate to housing

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provided by the authority, to housing functions of the

authority or to the authority’s performance in exercising

such functions;

                        (vi)                       an assessment of, or of the state of, housing provided by

the authority;

15

                        (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,

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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;

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                        (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

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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

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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”.

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     (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

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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—

 

 

Local Government Bill
Part 7 — Housing finance etc

    49

 

                        (i)                        in relation to England, the Secretary of State, and

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

 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—

5

       “80ZA  Negative amounts of subsidy payable to appropriate person

           (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

10

amount to their Housing Revenue Account, and

                  (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.

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           (3)           A payment in respect of an amount payable under subsection (1)(b)

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

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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.

           (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

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

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

30

authority’s Housing Revenue Account), for item 5 there is substituted—

“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)

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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

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

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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

 

 

Local Government Bill
Part 7 — Housing finance etc

    50

 

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

5

     (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 sections 74 to 76 and 78

10

of, and 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

15

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

30

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.

           (6)                         The Secretary of State shall not make an order under this section unless

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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

omitted.

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 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”.

 

 

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

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     (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

5

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—

10

           (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.

     (7)    The following shall be disregarded for the purposes of subsection (2)(b)—

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           (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

           (c)           section 3(2) of the Local Government Act 2000 (c. 22) (well-being

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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)).

 

 

 
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