Local Government and Elections (Wales) Act 2021

26 Limits on charging in exercise of general power

(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.