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Local Government Act 2003

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Changes over time for: Section 95

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Version Superseded: 31/01/2017

Status:

Point in time view as at 02/12/2014. This version of this provision has been superseded. Help about Status

Changes to legislation:

Local Government Act 2003, Section 95 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

95Power to trade in function-related activities through a companyE+W
This section has no associated Explanatory Notes

(1)The appropriate person may by order—

(a)authorise [F1relevant authorities] to do for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions, and

(b)make provision about the persons in relation to whom authority under paragraph (a) is exercisable.

(2)No order under this section may authorise a [F2relevant authority]

(a)to do in relation to a person anything which it is required to do in relation to him under its ordinary functions, or

(b)to do in relation to a person anything which it is authorised, apart from this section, to do in relation to him for a commercial purpose.

(3)An order under this section may be made in relation to—

(a)all [F3relevant authorities], particular [F3relevant authorities] or particular descriptions of [F4relevant authority];

(b)all things authorised to be done for the purpose of carrying on a particular function, particular things authorised to be done for that purpose or particular descriptions of thing authorised to be so done.

(4)Power conferred by an order under this section shall only be exercisable through a company within the meaning of Part 5 of the Local Government and Housing Act 1989 (c. 42) (companies in which local authorities have interests).

(5)A [F5relevant authority] on which power is conferred by an order under this section shall be treated as a local authority for the purposes of Part 5 of the Local Government and Housing Act 1989 if it would not otherwise be such an authority, but only in relation to a body corporate through which it exercises, or proposes to exercise, the power conferred by the order.

(6)In its application by virtue of subsection (5), section 70(1) of the Local Government and Housing Act 1989 (c. 42) (power to make provision about what a company under the control, or subject to the influence of, a local authority does) shall only apply in relation to the doing for a commercial purpose of the thing to which the order under this section relates.

(7)In this section—

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F8relevant authority” means—

    (a)

    a best value authority, other than [F9the Common Council of the City of London in its capacity as a police authority and] F10... ;

    (aa)

    [F11a Welsh improvement authority;]

    (ab)

    [F12the Passenger Transport Executive of an integrated transport area in England;]

    (b)

    a parish council;

    (c)

    a parish meeting of a parish which does not have a separate parish council; or

    (d)

    a community council.]

  • ordinary functions”, in relation to a [F13relevant authority], means functions of the authority which are not functions under this section.

Textual Amendments

F10Words in s. 95(7) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F12Words in s. 95(7) inserted (18.2.2012) by Localism Act 2011 (c. 20), ss. 12(5), 240(2); S.I. 2012/411, art. 2(e)

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