PART 1Local Government

C4C7C9CHAPTER 1General powers of authorities

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 Ch. 1: power to modify conferred by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 113D(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 10, 25(2))

C3C1C2C5C6C7C8C10C111C7Local authority's general power of competence

I11

A local authority has power to do anything that individuals generally may do.

I12

Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—

a

unlike anything the authority may do apart from subsection (1), or

b

unlike anything that other public bodies may do.

I13

In this section “individual” means an individual with full capacity.

I14

Where subsection (1) confers power on the authority to do something, it confers power (subject to sections 2 to 4) to do it in any way whatever, including—

a

power to do it anywhere in the United Kingdom or elsewhere,

b

power to do it for a commercial purpose or otherwise for a charge, or without charge, and

c

power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.

I15

The generality of the power conferred by subsection (1) (“the general power”) is not limited by the existence of any other power of the authority which (to any extent) overlaps the general power.

I16

Any such other power is not limited by the existence of the general power (but see section 5(2)).

I27

Schedule 1 (consequential amendments) has effect.