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Local Government Act (Northern Ireland) 2014

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This is the original version (as it was originally enacted).

Boundaries of the general power

80.—(1) If exercise of a pre-commencement power of a council is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power.

(2) The general power does not enable a council to do—

(a)anything which the council is unable to do by virtue of a pre-commencement limitation; or

(b)anything which the council is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the general power;

(ii)to all of the council’s powers; or

(iii)to all of the council’s powers but with exceptions that do not include the general power.

(3) The general power does not confer power to—

(a)make or alter arrangements of a kind which may be made under Part 4;

(b)make or alter arrangements of a kind which are made, or may be made, by or under Part 5 or Part 6;

(c)make or alter any contracting-out arrangements, or other arrangements within neither of paragraphs (a) and (b), that authorise a person to exercise a function of a council.

(4) In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision which comes into operation after the commencement of section 79;

“pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision (including a provision of or made under this Act) which comes into operation on or before the commencement of section 79;

“pre-commencement power” means power conferred by a statutory provision which comes into operation before the commencement of section 79.

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