Part 8Miscellaneous and general
Chapter 1Miscellaneous
Charging and trading
95Power to trade in function-related activities through a company
1
The appropriate person may by order—
a
authorise best value authorities to do for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions, and
b
make provision about the persons in relation to whom authority under paragraph (a) is exercisable.
2
No order under this section may authorise a best value authority—
a
to do in relation to a person anything which it is required to do in relation to him under its ordinary functions, or
b
to do in relation to a person anything which it is authorised, apart from this section, to do in relation to him for a commercial purpose.
3
An order under this section may be made in relation to—
a
all best value authorities, particular best value authorities or particular descriptions of best value authority;
b
all things authorised to be done for the purpose of carrying on a particular function, particular things authorised to be done for that purpose or particular descriptions of thing authorised to be so done.
4
Power conferred by an order under this section shall only be exercisable through a company within the meaning of Part 5 of the Local Government and Housing Act 1989 (c. 42) (companies in which local authorities have interests).
5
A best value authority on which power is conferred by an order under this section shall be treated as a local authority for the purposes of Part 5 of the Local Government and Housing Act 1989 if it would not otherwise be such an authority, but only in relation to a body corporate through which it exercises, or proposes to exercise, the power conferred by the order.
6
In its application by virtue of subsection (5), section 70(1) of the Local Government and Housing Act 1989 (c. 42) (power to make provision about what a company under the control, or subject to the influence of, a local authority does) shall only apply in relation to the doing for a commercial purpose of the thing to which the order under this section relates.
7
In this section—
“best value authority” does not include—
- a
a police authority established under section 3 of the Police Act 1996 (c. 16),
- b
the Common Council of the City of London in its capacity as a police authority,
- c
the Metropolitan Police Authority, or
- d
the London Development Agency;
- a
“ordinary functions”, in relation to a best value authority, means functions of the authority which are not functions under this section.