PART 1Local Government
CHAPTER 1General powers of authorities
4Limits on doing things for commercial purpose in exercise of general power
(1)
The general power confers power on a local authority to do things for a commercial purpose only if they are things which the authority may, in exercise of the general power, do otherwise than for a commercial purpose.
(2)
Where, in exercise of the general power, a local authority does things for a commercial purpose, the authority must do them through a company.
(3)
A local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
(4)
In this section “company” means—
(a)
a company within the meaning given by section 1(1) of the Companies Act 2006, or
(b)
a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.