PART 2

GENERAL POWER OF COMPETENCE
CHAPTER 1

THE GENERAL POWER

Limits 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.