Section 69 — Housing and Planning Act 2016: Payments to Secretary of State

Payments to Secretary of State 69 1 The Secretary of State may make a determination requiring a local housing authority in England to make a payment to the Secretary of State in respect of a financial year.

2 The amount of the payment must represent an estimate of—

a the market value of the authority's interest in any higher value housing that is likely to become vacant during the year, less b any costs or other deductions of a kind described in the determination.

3 For the housing to be taken into account, see section 70.

4 A determination may only be made in respect of a local housing authority that keeps a Housing Revenue Account.

5 A determination must set out the method for calculating the amount of the payment.

6 A determination may, in particular, provide for all or part of the amount to be calculated using a formula.

7 A determination may provide for assumptions to be made in making a calculation whether or not those assumptions are, or are likely to be, borne out by events.

8 The Secretary of State must by regulations define “ higher value ”, in relation to housing, for the purposes of this Chapter.

9 Regulations under subsection (8) may define “higher value” in different ways for different kinds of housing, different local housing authorities or different areas.

10 In determining how to define “ higher value ”, in relation to housing, the Secretary of State may—

a use any category of housing that the Secretary of State considers appropriate as a comparator (for example, housing in which a local housing authority has an interest or housing in a particular area);

b take into account any other factors that the Secretary of State considers appropriate.