16Promoting social enterprises, co-operatives, user led services and the third sectorE+W
(1)A local authority must promote—
(a)the development in its area of social enterprises to provide care and support and preventative services;
(b)the development in its area of co-operative organisations or arrangements to provide care and support and preventative services;
(c)the involvement of persons for whom care and support or preventative services are to be provided in the design and operation of that provision;
(d)the availability in its area of care and support and preventative services from third sector organisations (whether or not the organisations are social enterprises or co-operative organisations).
(2)In this section—
- “care and support” (“gofal a chymorth”) includes support for carers; 
- “preventative services” (“gwasanaethau ataliol”) means services the local authority considers would achieve any of the purposes in section 15(2); 
- “social enterprise” (“menter gymdeithasol”) means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— (a)- generates most of its income through business or trade, (b)- reinvests most of its profits in its social objects, (c)- is independent of any public authority, and (d)- is owned, controlled and managed in a way that is consistent with its social objects; 
- “society” (“y gymdeithas”) includes a section of society; 
- “third sector organisation” (“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society. 
(3)For the purposes of this section, regulations may provide—
(a)that activities of a specified description are or are not to be treated as activities which a person might reasonably consider to be activities carried on for the benefit of society;
(b)that organisations or arrangements of a specified description are or are not to be treated as—
(i)social enterprises,
(ii)co-operative organisations or arrangements, or
(iii)third sector organisations;
(c)for what does, does not or may constitute a section of society.
Commencement Information
I1S. 16 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)
