PART 2GENERAL POWER OF COMPETENCE
CHAPTER 1THE GENERAL POWER
27Limits on doing things for commercial purpose in exercise of general power
(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.