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Localism Act 2011

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4Limits on doing things for commercial purpose in exercise of general power

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(1)The general power confers power on a local authority to do things for a commercial purpose only if they are things which the authority may, in exercise of the general power, do otherwise than for a commercial purpose.

(2)Where, in exercise of the general power, a local authority does things for a commercial purpose, the authority must do them through a company.

(3)A local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.

(4)In this section “company” means—

(a)a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b)a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

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