Part 8Miscellaneous and general
Chapter 1Miscellaneous
Charging and trading
93Power to charge for discretionary services
C1C2C31
Subject to the following provisions, a F2relevant authority may charge a person for providing a service to him if—
a
the authority is authorised, but not required, by an enactment to provide the service to him, and
b
he has agreed to its provision.
2
Subsection (1) does not apply if the authority—
a
has power apart from this section to charge for the provision of the service, or
b
is expressly prohibited from charging for the provision of the service.
3
The power under subsection (1) is subject to a duty to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the costs of provision.
4
The duty under subsection (3) shall apply separately in relation to each kind of service.
5
Within the framework set by subsections (3) and (4), a F3relevant authority may set charges as it thinks fit and may, in particular—
a
charge only some persons for providing a service;
b
charge different persons different amounts for the provision of a service.
6
In carrying out functions under this section, a F4relevant authority shall have regard to such guidance as the appropriate person may issue.
7
The following shall be disregarded for the purposes of subsection (2)(b)—
a
section 111(3) of the Local Government Act 1972 (c. 70) (subsidiary powers of local authorities not to include power to raise money),
b
section 34(2) of the Greater London Authority Act 1999 (c. 29) (corresponding provision for Greater London Authority), F7...
F10c
section 3(2) of the Local Government Act 2000 (c. 22)
(well-being powers not to include power to raise money).
F6d
section 100(2) of the Local Transport Act 2008 (well-being powers of Integrated Transport Authorities F11, combined authorities and combined county authorities),
e
section 102C(4) of that Act (Integrated Transport Authorities),
f
section 10B(4) of the Transport Act 1968 (Passenger Transport Executives), F12...
g
section 113B(4) of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities)F13, and
h
section 50(4) of the Levelling-up and Regeneration Act 2023 (combined county authorities).
8
In subsection (1), “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
F19
In this section, “ relevant authority ” means—
a
a best value authority;
F8aa
a county council or county borough council in Wales;
F5ab
the Passenger Transport Executive of an integrated transport area in England;
F9ac
a National Park authority for a National Park in Wales;
b
a parish council;
c
a parish meeting of a parish which does not have a separate parish council; or
d
a community council.