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PART 1 E+WLocal Government

CHAPTER 1E+WGeneral powers of authorities

Modifications etc. (not altering text)

C1Pt. 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))

2Boundaries of the general powerE+W

(1)If exercise of a pre-commencement power of a local authority is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power.

(2)The general power does not enable a local authority to do—

(a)anything which the authority is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the general power,

(ii)to all of the authority's powers, or

(iii)to all of the authority's powers but with exceptions that do not include the general power.

(3)The general power does not confer power to—

(a)make or alter arrangements of a kind which may be made under Part 6 of the Local Government Act 1972 (arrangements for discharge of authority's functions by committees, joint committees, officers etc);

(b)make or alter arrangements of a kind which are made, or may be made, by or under Part 1A of the Local Government Act 2000 (arrangements for local authority governance in England);

(c)make or alter any contracting-out arrangements, or other arrangements within neither of paragraphs (a) and (b), that authorise a person to exercise a function of a local authority.

(4)In this section—

Commencement Information

I1S. 2 in force at 18.2.2012 by S.I. 2012/411, art. 2(b)