Search Legislation

Local Government and Elections (Wales) Act 2021

Changes over time for: CHAPTER 1

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government and Elections (Wales) Act 2021. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CHAPTER 1E+WTHE GENERAL POWER

24Local authority's general power of competenceE+W

(1)A qualifying local authority has power to do anything that individuals generally may do, even if that thing is, in nature or extent or otherwise—

(a)unlike anything a qualifying local authority may do apart from this section;

(b)unlike anything that other public bodies may do.

(2)Where subsection (1) confers power on an authority to do something, it confers power to do it in any way whatsoever, including—

(a)power to do it anywhere in Wales or elsewhere;

(b)power to do it for a commercial purpose or otherwise for a charge, or without charge;

(c)power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.

(3)The generality of the power conferred by subsection (1) on a qualifying local authority is not limited by the existence of any other power of the authority; and any other power of the authority is not limited by the existence of the general power.

(4)For the purposes of this Chapter, each of the following is a qualifying local authority—

(a)a principal council;

(b)an eligible community council (as to which see Chapter 2).

(5)In this section, “individual” means an individual with full capacity.

(6)References in this Part to the general power are to the power conferred by subsection (1).

(7)This section is subject to sections 25 to 27 and to any provision made under section 28(3) or (4).

25Boundaries of the general powerE+W

(1)The general power does not enable a qualifying local authority to do anything that the authority is unable to do by virtue of a pre-commencement limitation.

(2)Nor does the general power enable a qualifying local authority to do anything that the authority is unable to do by virtue of a post-commencement limitation that is expressed to apply—

(a)to the general power,

(b)to all of the authority's powers, or

(c)to all of the authority's powers but with exceptions that do not include the general power.

(3)The general power does not confer power to make or alter—

(a)arrangements of a kind that are made, or may be made, by or under Part 6 of the 1972 Act (discharge of functions by local authorities);

(b)arrangements of a kind that are made, or may be made, by or under Part 2 of the 2000 Act (arrangements with respect to executives etc.);

(c)contracting out arrangements, or any other arrangements that are not arrangements within paragraph (a) or (b), that authorise a person to exercise a function of a qualifying local authority.

(4)In this section—

  • post-commencement limitation” (“cyfyngiad ar ôl cychwyn”) means a prohibition, restriction or other limitation expressly imposed by a provision of—

    (a)

    an Act of Senedd Cymru or an Act of Parliament passed after the day on which this Act was passed;

    (b)

    an instrument—

    (i)

    made under primary legislation (including this Act), and

    (ii)

    which comes into force on or after the day on which section 24 comes into force in relation to principal councils;

  • pre-commencement limitation” (“cyfyngiad cyn cychwyn”) means a prohibition, restriction or other limitation expressly imposed by a provision of—

    (a)

    this Act;

    (b)

    any other primary legislation passed before, or on the same day as, the day on which this Act was passed;

    (c)

    an instrument—

    (i)

    made under primary legislation (including this Act), and

    (ii)

    which comes into force before the day on which section 24 comes into force in relation to principal councils.

(5)For the purposes of subsection (1), section 111(3) of the 1972 Act (subsidiary powers of local authorities not to include power to raise money) is to be disregarded.

26Limits on charging in exercise of general powerE+W

(1)The general power confers power on a qualifying local authority to charge for providing a service to a person only if the following conditions are met.

(2)The first condition is that the service is not one that any enactment requires the authority to provide to the person.

(3)The second condition is that the person has agreed to the service being provided.

(4)Except in relation to a service provided for a commercial purpose, to the extent that the general power confers a power on a qualifying local authority to charge for the provision of a service, the power is subject to a duty to secure that, taking one financial year with another, the income from charges imposed under it does not exceed the costs of provision.

(5)The duty under subsection (4) applies separately in relation to each kind of service.

(6)Subject to the duty under subsection (4), in exercising the power conferred by the general power to charge for providing a service, a qualifying local authority may set its charges as it considers appropriate, and may among other things—

(a)charge only some persons for providing a service;

(b)charge different persons, or different descriptions of persons, different amounts for the provision of a service.

27Limits on doing things for commercial purpose in exercise of general powerE+W

(1)The general power confers power on a qualifying local authority to do things for a commercial purpose only if they are things that 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 qualifying local authority does things for a commercial purpose, the authority must do them through a company.

(3)A qualifying local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if any enactment requires the authority to do those things in relation to the person.

(4)In this section, “company” means—

(a)a company within the meaning of section 1(1) of the Companies Act 2006 (c. 46), or

(b)a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 (c. 14) or the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24 (NI)).

(5)A qualifying local authority must have regard to any guidance issued by the Welsh Ministers about doing things, in the exercise of the general power, for a commercial purpose.

28Powers to make supplementary provisionE+W

(1)If the Welsh Ministers consider that an enactment prevents qualifying local authorities from exercising the general power, or obstructs them in exercising the general power, the Welsh Ministers may by regulations amend, modify, repeal, revoke or disapply that enactment.

(2)If the Welsh Ministers consider that any other power overlaps (to any extent) the general power, then, for the purpose of reducing or removing that overlap, the Welsh Ministers may by regulations amend, modify, repeal, revoke or disapply any enactment.

(3)The Welsh Ministers may by regulations make provision preventing qualifying local authorities from doing, in exercise of the general power, anything that is specified, or is of a description specified, in the regulations.

(4)The Welsh Ministers may by regulations provide for the exercise of the general power to be subject to conditions, either generally or in relation to doing anything that is specified, or is of a description specified, in the regulations.

(5)Regulations made under subsection (4) may, among other things, provide that the exercise of the general power by a qualifying local authority—

(a)to charge for providing a service to a person is to be subject to conditions in addition to the conditions set out in section 26;

(b)to do things for a commercial purpose is to be subject to conditions in addition to the conditions set out in section 27.

(6)The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a)all qualifying local authorities;

(b)a particular authority that is a qualifying local authority;

(c)a particular description of local authority that is a qualifying local authority.

(7)Except as provided for in subsection (8), before making regulations under subsection (1), (2), (3) or (4) the Welsh Ministers must consult—

(a)such principal councils and community councils as they consider appropriate,

(b)such persons representing principal councils and community councils as they consider appropriate, and

(c)such other persons as they consider appropriate.

(8)The duty imposed by subsection (7) does not apply in the case of regulations made by the Welsh Ministers only for the purpose of amending earlier regulations—

(a)so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular authority or authorities of a particular description, or

(b)so that the earlier regulations, or any provision of the earlier regulations, ceases to apply to a particular authority or to authorities of a particular description.

(9)This section does not confer power to make provision—

(a)that amends, repeals or disapplies a provision of this Act;

(b)for the delegation or transfer of any function of legislating by order, rules, regulations, or other subordinate instrument.

Commencement Information

I1S. 28 in force at 4.3.2021 by S.I. 2021/231, art. 2(a)

29Amendments relating to this ChapterE+W

Part 1 of Schedule 3 makes amendments relating to this Chapter.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources