Part 8

Miscellaneous and general
Chapter 1

Miscellaneous

Charging and trading

Power to modify enactments in connection with charging or trading
97
1
If it appears to the appropriate authority that an enactment (whenever passed or made), other than section 93(2) or 95(2), prevents or obstructs relevant authorities—
a
charging by agreement for the provision of a discretionary service, or
b
doing for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions,
the appropriate authority may by order amend, repeal, revoke or disapply the enactment.
2
The appropriate authority may by order amend, repeal, revoke or disapply an enactment (whenever passed or made), other than section 93, which makes in relation to a relevant authority provision for, or in connection with, power to charge for the provision of a discretionary service.
3
The power under subsection (1) or (2) to amend or disapply an enactment includes power to amend or disapply an enactment for a particular period.
4
An order under this section may be made in relation to—
a
all relevant authorities,
b
particular relevant authorities, or
c
particular descriptions of relevant authority.
5
An order under subsection (1)(b) may be made in relation to—
a
all things authorised to be done for the purpose of carrying on a particular function,
b
particular things authorised to be done for that purpose, or
c
particular descriptions of thing authorised to be so done.
6
An order under subsection (1)(b) may not be used to authorise a relevant authority to do in relation to a person anything which it is required to do in relation to him under its ordinary functions.
7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
Subject to subsection (10), no order shall be made by the Secretary of State under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
10
An order under this section which is made by the Secretary of State only for the purpose of amending an earlier order under this section—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
10A
Subject to subsection (10B), no order may be made by the Welsh Ministers under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
10B
An order under this section which is made by the Welsh Ministers only for the purpose mentioned in subsection (10) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
11
In this section—
- “the appropriate authority” means—
  1. in relation to England, the Secretary of State; and
  2. in relation to Wales, the Welsh Ministers;
- “discretionary service”, in relation to a relevant authority, means a service which the authority is authorised, but not required, to provide;
- “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));
- “ordinary functions”, in relation to a relevant authority, means functions of the authority which are not functions under section 95.
- “relevant authority” means—
  1. in relation to England—
    1. a best value authority in England;
    2. a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
    3. a parish council; or
    4. a parish meeting of a parish which does not have a separate parish council; and
  2. in relation to Wales—
    1. a county council or county borough council in Wales;
    2. a community council;
    3. a National Park authority for a National Park in Wales;
    4. a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
S. 97(7A)-(7C) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(c)
Words in s. 97(11) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(b); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(4)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(a); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(a)(i)
Words in s. 97(4)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(a); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(11) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(g)(ii)
Words in s. 97(11) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(g)(i)
S. 97(8) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(c)
Words in s. 97(2) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(b)
Words in s. 97(11) substituted (1.4.2021) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments) Regulations 2021 (S.I. 2021/296), regs. 1(2), 5(6)
S. 97(10A)(10B) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(f)
Words in s. 97(4)(c) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(b); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(b); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(a); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(6) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(7)(b); S.I. 2008/917, art. 2(1)(a)
Words in s. 97(9) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(d)
Words in s. 97(10) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(e)
Words in s. 97(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(2)(a)(ii)