PART 1Local Government
CHAPTER 1General powers of authorities
I13Limits on charging in exercise of general power
1
Subsection (2) applies where—
a
a local authority provides a service to a person otherwise than for a commercial purpose, and
b
its providing the service to the person is done, or could be done, in exercise of the general power.
2
The general power confers power to charge the person for providing the service to the person only if—
a
the service is not one that a statutory provision requires the authority to provide to the person,
b
the person has agreed to its being provided, and
c
ignoring this section and section 93 of the Local Government Act 2003, the authority does not have power to charge for providing the service.
3
The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed by subsection (2) does not exceed the costs of provision.
4
The duty under subsection (3) applies separately in relation to each kind of service.