Local Government and Elections (Wales) Act 2021

24 Local authority's general power of competence E+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).

Commencement Information

I1 S. 24 in force at 1.11.2021 by S.I. 2021/231, art. 4(a)