Localism Act 2011

Section 167

SCHEDULE 15 Abolition of Housing Revenue Account subsidy in England

1 Part 6 of the Local Government and Housing Act 1989 (housing finance) is amended as follows.

2 (1) Section 79 (Housing Revenue Account subsidy) is amended as follows.

(2) In subsection (1) after “local housing authorities” insert “in Wales”.

(3) In subsection (2) for “appropriate person” in both places substitute “Welsh Ministers”.

3 (1) Section 80 (calculation of Housing Revenue Account Subsidy) is amended as follows.

(2) In subsection (1)—

(a) after “local housing authority” insert “in Wales”, and

(b) for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (1A)(b)—

(a) in sub-paragraph (i) for “appropriate person” in both places substitute “Welsh Ministers”, and

(b) in sub-paragraph (ii)—

(i) for “appropriate person’s” substitute “Welsh Ministers’”, and

(ii) for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) in the opening words for “appropriate person” substitute “Welsh Ministers”,

(b) in the opening words for “he considers” substitute “they consider”,

(c) in paragraph (b) for “appropriate person” substitute “Welsh Ministers”, and

(d) in paragraph (c) for “he thinks” substitute “the Welsh Ministers think”.

(5) In subsection (4)—

(a) in the opening words for “(or each authority in England or in Wales)” substitute “in Wales”,

(b) in paragraph (a)—

(i) for the “appropriate person considers” substitute “Welsh Ministers consider”, and

(ii) for “(or all of the authorities in England or Wales)” substitute “in Wales”, and

(c) in paragraph (b)—

(i) for “them” substitute “the authorities”,

(ii) for the “appropriate person considers” substitute “Welsh Ministers consider”,

(iii) for “he thinks” substitute “the Welsh Ministers think”,

(iv) for “their” substitute “the authorities’”, and

(v) for “they” substitute “the authorities”.

(6) In subsection (5) for “appropriate person’s” substitute “Welsh Ministers’”.

(7) In subsection (6)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he thinks” substitute “they think”.

4 (1) Section 80ZA (negative amounts of subsidy payable to appropriate person) is amended as follows.

(2) In the heading for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (1)(b) for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (2)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he” substitute “they”.

(5) In subsection (3) for “appropriate person” substitute “Welsh Ministers”.

(6) In subsection (4)—

(a) for “appropriate person” substitute “Welsh Ministers”,

(b) for “he” substitute “the Welsh Ministers”, and

(c) for “him” substitute “the Welsh Ministers”.

(7) In subsection (5)—

(a) for “appropriate person” substitute “Welsh Ministers”, and

(b) for “him” in both places substitute “the Welsh Ministers”.

5 (1) Section 80A (final decision on amount of Housing Revenue Account subsidy) is amended as follows.

(2) In subsection (1)—

(a) after the first “authority” insert “in Wales”,

(b) for “Secretary of State” substitute “Welsh Ministers”,

(c) for “he thinks” substitute “they think”, and

(d) for “his” substitute “their”.

(3) In subsection (1A) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (1B)—

(a) in paragraph (a) for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (c) for “Secretary of State has” substitute “Welsh Ministers have”, and

(c) in paragraph (d) for “Secretary of State” substitute “Welsh Ministers”.

(5) In subsection (1C) for “Secretary of State” in both places substitute “Welsh Ministers”.

(6) In subsection (1D) for “Secretary of State” in both places substitute “Welsh Ministers”.

(7) In subsection (4)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “he thinks” substitute “they think”.

(8) In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

6 (1) Section 80B (agreements to exclude certain authorities or property) is amended as follows.

(2) In subsection (1) for “appropriate person” substitute “Welsh Ministers”.

(3) In subsection (3)—

(a) in paragraph (b) for “appropriate person” in both places substitute “Welsh Ministers”, and

(b) in paragraph (e) for “appropriate person” substitute “Welsh Ministers”.

(4) In subsection (4) for “appropriate person” substitute “Welsh Ministers”.

7 Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year 1989-90).

8 (1) Section 85 (power to obtain information) is amended as follows.

(2) In subsection (1)—

(a) after “authority” in both places insert “in Wales”,

(b) for “Secretary of State” in both places substitute “Welsh Ministers”,

(c) for “he” substitute “the Welsh Ministers”,

(d) for “his” substitute “their”, and

(e) omit “or 83”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “him” substitute “them”, and

(c) for “he” substitute “they”.

(4) In subsection (3)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for the first “he” substitute “the Welsh Ministers”,

(c) for “his” substitute “their”,

(d) omit “or 83”, and

(e) for “he sees” substitute “they see”.

9 In section 86(1) (recoupment of subsidy in certain cases)—

(a) omit “or residual debt subsidy”,

(b) for “Secretary of State” substitute “Welsh Ministers”,

(c) for “him” substitute “them”, and

(d) for “he” in each place substitute “they”.

10 (1) Section 88 (construction and application of Part 6) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit “Subject to subsection (2) above,”.

(4) Omit subsections (4) and (5).

11 (1) Schedule 4 (the keeping of the Housing Revenue Account) is amended as follows.

(2) In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA) for “the Secretary of State, or the National Assembly for Wales,” substitute “the Welsh Ministers”.

(3) In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA subsidy payable) after “authority” insert “in Wales”.