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Localism Act 2011

Localism Act 2011

2011 CHAPTER 20

Commentary

Part 1: Local Government

Chapter 1: General powers of authorities
Section 3: Limits on charging in exercise of the general power

13.Section 3 restricts the ability of a local authority to charge for providing a service to a person using the general power, or where they are using an overlapped power, for non-commercial purposes. If no specific charging power exists, local authorities can charge up to full cost recovery for discretionary services - that is those that they are not required to provide to a person, where that person has agreed to their being provided. This is in line with the charging powers in section 93 of the Local Government Act 2003. Charging for commercial purposes is subject to the provisions of section 4.

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