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.