Part 8Miscellaneous and general

Chapter 1Miscellaneous

Charging and trading

95Power to trade in function-related activities through a company

1

The appropriate person may by order—

a

authorise F5relevant 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 F4relevant 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 F6relevant authorities, particular F6relevant authorities or particular descriptions of F3relevant 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 F2relevant 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—

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F7“relevant authority” means—

    1. a

      a best value authority, other than F12the Common Council of the City of London in its capacity as a police authority andF10... ;

    2. aa

      F14a county council or county borough council in Wales;

    3. aaa

      F16a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

    4. ab

      F9the Passenger Transport Executive of an integrated transport area in England;

    5. ac

      F13a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

    6. ad

      F15a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

    7. ae

      F15a National Park authority for a National Park in Wales;

    8. b

      a parish council;

    9. c

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

    10. d

      a community council.

  • “ordinary functions”, in relation to a F1relevant authority, means functions of the authority which are not functions under this section.