Commentary on Sections Section 29: Removal of power to require preparation of housing strategies
149.Section 87(1) of the Local Government Act 2003 (the “LGA 2003”) affords a discretionary power to the appropriate person (defined in section 124 as the Secretary of State, in relation to authorities in England, and the National Assembly for Wales, in relation to authorities in Wales) to require a local housing authority to have a strategy in relation to certain specified matters relating to housing.
150.Section 88 of the LGA 2003 provides that the appropriate person may require a local housing authority to designate any material relating to property in its Housing Revenue Account, which it includes in a statement prepared for the purposes of section 87, as being, or forming part of, the authority’s Housing Revenue Account business plan.
151.The section amends sections 87 and 88 of the LGA 2003 so as to limit their application to Wales only. Sections 87 and 88 are no longer to apply to England as the power of the Secretary of State in section 87(1) has never been exercised, and there is no intention for it to be exercised in the future.
152.The section forms part of the law of England and Wales but the changes will have an effect only in England. It comes into force at the end of the period of 2 months beginning with the day on which the Act is passed.