A local authority shall not, in relation to any trading operation carried on by them, enter into an agreement under subsection (1) above if the likely result of doing so would be that the commercial services income accruing to the authority in any financial year under that and all other such agreements already entered into by the authority with such persons in relation to that operation would exceed the statutory limit.

The restriction in subsection (1A) does not prevent a local authority from entering into an agreement where the likely result of doing so would be that the income referred to in that subsection will exceed the limit there referred to if the Scottish Ministers give prior consent to the authority doing so.

For the purposes of subsection (1D) above—

• “relevant dividend” means a dividend paid by a body corporate which carries on operations which, if they were carried on by the authority to which the dividend is paid, would be relevant trading operations;

• “relevant profit sharing agreement” means an agreement between a local authority and a body corporate which carries on such operations in terms of which the body corporate undertakes to pay to the authority a proportion of any income which it derives from carrying out those operations.

An amount so fixed may be expressed as a fraction of any other amount specified or referred to in the order.

Different amounts may be so fixed for different trading operations or classes of trading operation, and an amount may be so fixed for all trading operations.

Where, for any trading operation, no amount has been so fixed, the prohibition in subsection (1A) above applies, the condition of its application set out in that subsection being ignored.

If, however, in the case of a trading operation for which no amount has been fixed, the Scottish Ministers give prior consent to a local authority entering into an agreement under subsection (1) above in relation to that trading operation, that prohibition does not apply.

An order under subsection (1D)(b) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

Before making such an order, the Scottish Ministers shall consult such persons as they think fit.

The circumstances referred to in paragraph (c) of subsection (1B) above are that the local authority considers that the provision of the goods or services under the contract mentioned in that paragraph will be facilitated if the person who has entered into the contract is within that paragraph.

For the purposes of subsection (1M) above, “well-being” is to be construed in the same way as it is construed for the purposes of section 20 of the Local Government in Scotland Act 2003 (asp 1).

References in this section to a trading operation are, in relation to a local authority, references to a trading operation for which, in accordance with proper accounting practices (within the meaning of section 12 of the Local Government in Scotland Act 2003 (asp 1)) the authority keep trading accounts.

The reference in subsection (1) above to a relevant trading operation is a reference to a trading operation which is carried on for the purpose of enabling a local authority to raise money, by borrowing or otherwise.

Any agreement made in pursuance of subsection (1) of this section may contain such terms as to payment or otherwise as the parties consider appropriate.

In this Act—

• “Local authority”, in relation to England and Wales, means the council of F1any county, county borough, F2. . . , county district or London borough F3the Greater London AuthorityF4the Broads Authority, F5. . . , the Common Council of the City of London, the Council of the Isles of Scilly and any joint board, joint committee and combined authority F6. . .F7 and any joint authority established by Part IV of the Local Government Act 1985, F29any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, any combined authority established under section 103 of that Act, F35any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,F33... F30, a Mayoral development corporationF8and F34the London Fire CommissionerF31and Transport for London and, in relation to Scotland, F9means a F10council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or any joint board or combination of those councils;

• F23 “public body” means any local authority F11 , any F32police and crime commissioner, F12 ..., any F13 housing action trust established under Part III of the Housing Act 1988 F28, any probation trust,F36any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004, any person who is a public body by virtue of subsection (5) of this section and, in relation to England and Wales, any parish council, F2. . . and representative body of a rural parish; and

• F23 “works of maintenance” include minor renewals, minor improvements and minor extensions.

• F24 “property” includes land, accommodation, vehicles, plant and apparatus;”; and

The Great Yarmouth Port and Haven Commissioners shall be treated as a public body for the purposes of paragraphs (a) and (b) of subsection (1) above as those paragraphs apply in relation to agreements entered into by the Broads Authority.