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 F1, combined authority, CCA F2, or English National Park authority, or the Broads 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 F3, combined authority, CCA F4, or English National Park authority, or the Broads Authority, does things for a commercial purpose, the authority must do them through a company.

(3)

A local authority F5, combined authority, CCA F6, or English National Park authority, or the Broads 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)

F7a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.