PART 1Local Government
C4C7C9CHAPTER 1General powers of authorities
Pt. 1 Ch. 1 modified (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 24
Pt. 1 Ch. 1 modified (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 11
C3C1C2C5C6C7C81C7Local authority's general power of competence
I11
A local authority has power to do anything that individuals generally may do.
I12
Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—
a
unlike anything the authority may do apart from subsection (1), or
b
unlike anything that other public bodies may do.
I13
In this section “individual” means an individual with full capacity.
I14
Where subsection (1) confers power on the authority to do something, it confers power (subject to sections 2 to 4) to do it in any way whatever, including—
a
power to do it anywhere in the United Kingdom or elsewhere,
b
power to do it for a commercial purpose or otherwise for a charge, or without charge, and
c
power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.
I15
The generality of the power conferred by subsection (1) (“the general power”) is not limited by the existence of any other power of the authority which (to any extent) overlaps the general power.
I16
Any such other power is not limited by the existence of the general power (but see section 5(2)).
I27
Schedule 1 (consequential amendments) has effect.
Pt. 1 Ch. 1: power to modify conferred by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 113D(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 10, 25(2))