Explanatory Notes

Local Government Act 2003

2003 CHAPTER 26

18th September 2003

Commentary on Sections

Part 7: Housing Finance Etc

Section 91: Housing Revenue Accounts etc: adaptation of enactments

243.This section inserts a new section 87A into the Local Government and Housing Act 1989 (“the 1989 Act).

244.The new section 87A allows the Secretary of State and the National Assembly for Wales, by order, to amend, repeal or re-enact sections 74 to 76 and 78 of and Schedule 4 to the 1989 Act, and make such consequential etc provisions as may be necessary. Any order made by the Secretary of State for England is subject to affirmative resolution of each House of Parliament.

245.The new section provides a mechanism whereby, subject in England to Parliament’s approval, changes to the HRA may be made as and when required to reflect new circumstances or to improve the financial arrangements for local authority housing. The new section is an extended version of the previous power which enabled Schedule 4 to the 1989 Act (which was introduced by Part 6 of that Act) to be amended by order subject only to negative procedure.