164 Limits 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.
165 Limits on doing things for commercial purpose in exercise of general
(1) The general power confers power on a local authority to do things for a
commercial purpose only if they are things which the authority may, in exercise of the general power, do otherwise than for a commercial purpose.
(2) Where, in exercise of the general power, a local authority does things for a commercial purpose, the authority must do them through a company.
(3) A local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.
(4) In this section “company” means—(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or (b) a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.
Please read slowly and carefully..................