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Local Government and Elections (Wales) Act 2021
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27Limits on doing things for commercial purpose in exercise of general power
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(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.
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