PART 2

GENERAL POWER OF COMPETENCE
CHAPTER 1

THE GENERAL POWER

Boundaries of the general power
25
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—
  1. an Act of Senedd Cymru or an Act of Parliament passed after the day on which this Act was passed;
  2. an instrument—
    1. made under primary legislation (including this Act), and
    2. 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—
  1. this Act;
  2. any other primary legislation passed before, or on the same day as, the day on which this Act was passed;
  3. an instrument—
    1. made under primary legislation (including this Act), and
    2. 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.