PART 1

Local Government
CHAPTER 1

General powers of authorities

Local authority's general power of competence
1
1
A local authority has power to do anything that individuals generally may do.
2
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.
3
In this section “individual” means an individual with full capacity.
4
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.
5
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.
6
Any such other power is not limited by the existence of the general power (but see section 5(2)).
7
Schedule 1 (consequential amendments) has effect.
S. 1(1)-(6) in force at 18.2.2012 by S.I. 2012/411, art. 2(a)
S. 1(7) in force at 4.4.2012 by S.I. 2012/1008, art. 2(a) (with arts. 7, 8)
S. 1 functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 1
S. 1 functions made exercisable concurrently (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 3 para. 1
S. 1 functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 1 (with art. 8(4))
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))
S. 1 functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 1
S. 1 functions made exercisable concurrently (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 3 para. 1
Pt. 1 Ch. 1 modified (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 24
S. 1 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 para. 1
Pt. 1 Ch. 1 modified (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 11
S. 1 functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 13 (with art. 28)
S. 1: functions for specified purposes made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 26(6)-(8)
S. 1: functions made exercisable (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 48(5) (with art. 9)
S. 1: functions made exercisable concurrenty (28.1.2025) by The Combined Authorities (Borrowing) and East Midlands Combined County Authority (Borrowing and Functions) (Amendment) Regulations 2025 (S.I. 2025/86), regs. 1(2), 4
S. 1: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 28
S. 1: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 16
S. 1: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 32
S. 1: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 18