Part 8Miscellaneous and general
Chapter 1Miscellaneous
Charging and trading
93Power to charge for discretionary services
1
Subject to the following provisions, a best value authority may charge a person for providing a service to him if—
a
the authority is authorised, but not required, by an enactment to provide the service to him, and
b
he has agreed to its provision.
2
Subsection (1) does not apply if the authority—
a
has power apart from this section to charge for the provision of the service, or
b
is expressly prohibited from charging for the provision of the service.
3
The power under subsection (1) is subject to a duty to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the costs of provision.
4
The duty under subsection (3) shall apply separately in relation to each kind of service.
5
Within the framework set by subsections (3) and (4), a best value authority may set charges as it thinks fit and may, in particular—
a
charge only some persons for providing a service;
b
charge different persons different amounts for the provision of a service.
6
In carrying out functions under this section, a best value authority shall have regard to such guidance as the appropriate person may issue.
7
The following shall be disregarded for the purposes of subsection (2)(b)—
a
section 111(3) of the Local Government Act 1972 (c. 70) (subsidiary powers of local authorities not to include power to raise money),
b
section 34(2) of the Greater London Authority Act 1999 (c. 29) (corresponding provision for Greater London Authority), and
c
section 3(2) of the Local Government Act 2000 (c. 22) (well-being powers not to include power to raise money).
8
In subsection (1), “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).