PART 2GENERAL FUNCTIONS

Local arrangements

I116Promoting social enterprises, co-operatives, user led services and the third sector

1

A local authority must promote—

a

the development in its area of social enterprises to provide care and support and preventative services;

b

the development in its area of co-operative organisations or arrangements to provide care and support and preventative services;

c

the involvement of persons for whom care and support or preventative services are to be provided in the design and operation of that provision;

d

the availability in its area of care and support and preventative services from third sector organisations (whether or not the organisations are social enterprises or co-operative organisations).

2

In this section—

  • “care and support” (“gofal a chymorth”) includes support for carers;

  • “preventative services” (“gwasanaethau ataliol”) means services the local authority considers would achieve any of the purposes in section 15(2);

  • “social enterprise” (“menter gymdeithasol”) means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which—

    1. a

      generates most of its income through business or trade,

    2. b

      reinvests most of its profits in its social objects,

    3. c

      is independent of any public authority, and

    4. d

      is owned, controlled and managed in a way that is consistent with its social objects;

  • “society” (“y gymdeithas”) includes a section of society;

  • “third sector organisation” (“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society.

3

For the purposes of this section, regulations may provide—

a

that activities of a specified description are or are not to be treated as activities which a person might reasonably consider to be activities carried on for the benefit of society;

b

that organisations or arrangements of a specified description are or are not to be treated as—

i

social enterprises,

ii

co-operative organisations or arrangements, or

iii

third sector organisations;

c

for what does, does not or may constitute a section of society.