PART 2

GENERAL POWER OF COMPETENCE
CHAPTER 1

THE GENERAL POWER

Limits on charging in exercise of general power
26
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.
S. 26 in force at 1.11.2021 by S.I. 2021/231, art. 4(a)