Change 1 Article Choose an article Title and introductory text 1 General power of competence 2 Boundaries of the general power 3 Limits on charging in exercise of general power 4 Limits on doing things for commercial purpose in exercise of general power 5 Powers to make supplemental provision 6 Limits on power under section 5(1) 7 Procedure for orders under section 5 8 Interpretation of Chapter 9 General powers of certain fire and rescue authorities 10 Fire and rescue authorities: charging 11 Integrated Transport Authorities 12 Passenger Transport Executives 13 Economic prosperity boards and combined authorities 14 Further amendments 15 Power to transfer local public functions to permitted authorities 16 Delegation of functions by Ministers to permitted authorities 17 Transfer schemes 18 Duty to consider proposals for exercise of powers under sections 15 and 17 19 Orders under section 15: procedure 20 Interpretation of Chapter 21 New arrangements with respect to governance of English local authorities 22 New local authority governance arrangements: amendments 23 Changes to local authority governance in England: transitional provision etc 24 Timetables for changing English district councils' electoral schemes 25 Prior indications of view of a matter not to amount to predetermination etc 26 Amendments of existing provisions 27 Duty to promote and maintain high standards of conduct 28 Codes of conduct 29 Register of interests 30 Disclosure of pecuniary interests on taking office 31 Pecuniary interests in matters considered at meetings or by a single member 32 Sensitive interests 32A Residential addresses 33 Dispensations from section 31(4) 34 Offences 35 Delegation of functions by Greater London Authority 36 Amendment of section 27 following abolition of police authorities 37 Transitional provision 38 Pay policy statements 39 Supplementary provisions relating to statements 40 Guidance 41 Determinations relating to remuneration etc 42 Exercise of functions 43 Interpretation 44 Arrangements for provision of services and discharge of functions 45 Repeal of duties relating to promotion of democracy 46 Repeal of provisions about petitions to local authorities 47 Schemes to encourage domestic waste reduction by payments and charges 48 Power to require public authorities to make payments in respect of certain EU financial sanctions 49 Duty of the Secretary of State to issue a policy statement 50 The EU financial sanctions to which Part 2 applies 51 Meaning of “public authority” and related terms 52 Designation of public authorities 53 Establishment of independent panel 54 Warning notices 55 Matters to be determined before a final notice is given 56 Final notices 57 Interpretation of Part: general 68 Ballot for imposition and certain variations of a business rate supplement 69 Non-domestic rates: discretionary relief 70 Small business relief 71 Cancellation of liability to backdated non-domestic rates 72 Referendums relating to council tax increases 73 References to proper accounting practices 74 Council tax calculations by billing authorities in England 75 Council tax calculations by major precepting authorities in England 76 Calculation of council tax requirement by the Greater London Authority 77 Calculation of basic amount of tax by the Greater London Authority 78 Council tax calculation by local precepting authorities in England 79 Council tax: minor and consequential amendments 80 Council tax revaluations in Wales 81 Duty to consider expression of interest 82 Timing of expressions of interest 83 Consideration of expression of interest 84 Consideration of expression of interest: further provisions 85 Supplementary 86 Provision of advice and assistance 86A List of assets of community value 86B Land of community value 86C Sporting assets of community value 86D Procedure for including land in list 86E Procedure on community nominations 86F Notice of inclusion or removal 86G Requirements of local authorities: sporting assets of community value 86H Review of decisions relating to list 86I List of land nominated by unsuccessful community nominations 86J Publication and inspection of lists 86K Effect of inclusion on the list 86L Meaning of “relevant disposal” etc 86M Notice of proposed sale: community right to buy 86N The “preferred community buyer” 86P The alternative community group 86Q Publicising receipt of notice under section 86M(1) 86R Further notification requirements 86S Negotiation of price and agreed offer 86T Valuation and offer 86U Progress requirements 86V Validity of acts 86W Compensation 86X Guidance 86Y Local land charge 86Z Enforcement 86Z1 Co-operation 86Z2 Advice and assistance in relation to land of community value 86Z3 Crown application 86Z4 Meaning of “local authority” 86Z5 Meaning of “owner” 86Z6 Interpretation of Chapter: general 87 List of assets of community value 88 Land of community value 89 Procedure for including land in list 90 Procedure on community nominations 91 Notice of inclusion or removal 92 Review of decision to include land in list 93 List of land nominated by unsuccessful community nominations 94 Publication and inspection of lists 95 Moratorium 96 Meaning of “relevant disposal” etc in section 95 97 Publicising receipt of notice under section 95(2) 98 Informing owner of request to be treated as bidder 99 Compensation 100 Local land charge 101 Enforcement 102 Co-operation 103 Advice and assistance in relation to land of community value in England 104 Advice and assistance in relation to land of community value in Wales 105 Crown application 106 Meaning of “local authority” 107 Meaning of “owner” 108 Interpretation of Chapter: general 109 Abolition of regional strategies 110 Duty to co-operate in relation to planning of sustainable development 111 Local development schemes 112 Adoption and withdrawal of development plan documents 113 Local development: monitoring reports 114 Community Infrastructure Levy: approval of charging schedules 115 Use of Community Infrastructure Levy 116 Neighbourhood planning 117 Charges for meeting costs relating to neighbourhood planning 118 Regulations under section 117: collection and enforcement 119 Regulations under section 117: supplementary 120 Financial assistance in relation to neighbourhood planning 121 Consequential amendments 122 Consultation before applying for planning permission 123 Retrospective planning permission 124 Time limits for enforcing concealed breaches of planning control 125 Assurance as regards prosecution for person served with enforcement notice 126 Planning offences: time limits and penalties 127 Powers in relation to: unauthorised advertisements; defacement of premises 128 Abolition of Infrastructure Planning Commission 129 Transitional provision in connection with abolition 130 National policy statements 131 Power to alter effect of requirement for development consent on other consent regimes 132 Secretary of State's directions in relation to projects of national significance 133 Pre-application consultation with local authorities 134 Reform of duties to publicise community consultation statement 135 Claimants of compensation for effects of development 136 Rights of entry for surveying etc in connection with applications 137 Acceptance of applications for development consent 138 Procedural changes relating to applications for development consent 139 Timetables for reports and decisions on applications for development consent 140 Development consent subject to requirement for further approval 141 Local authority, statutory undertakers' and National Trust land 142 Changes to notice requirements for compulsory acquisition 143 Applications for planning permission: local finance considerations 144 Application of this Part to the Crown 145 Allocation of housing accommodation 146 Allocation only to eligible and qualifying persons: England 147 Allocation schemes 148 Duties to homeless persons 149 Duties to homeless persons: further amendments 150 Tenancy strategies 151 Preparation of tenancy strategy 152 Standards about tenancies etc 153 Relationship between schemes and strategies 154 Flexible tenancies 155 Flexible tenancies: other amendments 156 Creation of tenancies of social housing 157 Registration of tenancies of social housing 158 Secure and assured tenancies: transfer of tenancy 159 Further provisions about transfer of tenancy under section 158 160 Succession to secure tenancies 161 Succession to assured tenancies 162 Secure and assured tenancies: recovery of possession after tenant's death 163 Assured shorthold tenancy following demoted or family intervention tenancy 164 Assured shorthold tenancies: notice requirements 165 Assured shorthold tenancies: rights to acquire 166 Repairing obligations in leases of seven years or more 167 Abolition of Housing Revenue Account subsidy in England 168 Settlement payments 169 Further payments 170 Further provisions about payments 171 Limits on indebtedness 172 Power to obtain information 173 Determinations under this Chapter 174 Capital receipts from disposal of housing land 175 Interpretation 176 Standards facilitating exchange of tenancies 177 Assisting tenants of social landlords to become home owners 178 Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency 179 Regulation of social housing 180 Housing complaints 181 Transfer of functions to housing ombudsman 182 Transfer of functions to housing ombudsman: supplementary 183 Abolition of home information packs 184 Tenancy deposit schemes 185 Exemption from HMO licensing for buildings run by co-operatives 186 Removal of limitations on Greater London Authority's general power 187 New housing and regeneration functions of the Authority 188 The London housing strategy 189 Modification to the Homes and Communities Agency's functions 190 Transfer of property of Homes and Communities Agency etc 191 Abolition of London Development Agency and transfer of its property etc 192 Mayor's economic development strategy for London 193 Transfer schemes: general provisions 194 Power to make consequential etc provision 195 Consequential amendments 196 Interpretation of Chapter 197 Designation of Mayoral development areas 198 Mayoral development corporations: establishment 199 Exclusion of land from Mayoral development areas 200 Transfers of property etc to a Mayoral development corporation 201 Object and powers 202 Functions in relation to Town and Country Planning 203 Arrangements for discharge of, or assistance with, planning functions 204 Removal or restriction of planning functions 205 Powers in relation to infrastructure 206 Powers in relation to land 207 Acquisition of land 208 Powers in relation to acquired land 209 Restrictions on disposal of land 210 Power to enter and survey land 211 Adoption of private streets 212 Businesses, subsidiaries and other companies 213 Financial assistance 214 Powers in relation to discretionary relief from non-domestic rates 215 Reviews 216 Transfers of property, rights and liabilities 217 Dissolution: final steps 217A Political activities of officers and staff etc 218 Transfer schemes: general provisions 219 Guidance by the Mayor 220 Directions by the Mayor 221 Consents 222 Consequential and other amendments 223 Delegation of functions by Ministers to the Mayor 224 Authority may be required to carry on commercial activities through a taxable body 225 The London Environment Strategy 226 Abolition of Mayor's duty to prepare state of the environment reports 227 Mayoral strategies: general duties 228 Simplification of the consultation process for the Mayor's strategies 229 London Assembly's power to reject draft strategies 230 Sharing of administrative etc services by London authorities 231 Transport for London: access to meetings and documents etc 232 Taking account of planning permission when assessing compensation 233 Tax 234 Pre-commencement consultation 235 Orders and regulations 236 Power to make further consequential amendments 237 Repeals and revocations 238 Financial provisions 239 Extent 240 Commencement 241 Short title SCHEDULE 1 General power of competence: consequential amendments SCHEDULE 2 New arrangements with respect to governance of English local authorities SCHEDULE 3 Minor and consequential amendments relating to local authority governance in England SCHEDULE 4 Conduct of local government members SCHEDULE 5 New Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 SCHEDULE 6 Council tax referendums: further amendments SCHEDULE 7 Council tax: minor and consequential amendments SCHEDULE 8 Regional strategies: consequential amendments SCHEDULE 9 Neighbourhood planning SCHEDULE 10 Process for making of neighbourhood development orders SCHEDULE 11 Neighbourhood planning: community right to build orders SCHEDULE 12 Neighbourhood planning: consequential amendments SCHEDULE 13 Infrastructure Planning Commission: transfer of functions to Secretary of State SCHEDULE 14 Grounds on which landlord may refuse to surrender and grant tenancies under section 158 SCHEDULE 15 Abolition of Housing Revenue Account subsidy in England SCHEDULE 16 Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency SCHEDULE 17 Regulation of social housing SCHEDULE 18 Home information packs: consequential amendments SCHEDULE 19 Housing and regeneration: consequential amendments SCHEDULE 20 Abolition of London Development Agency: consequential amendments SCHEDULE 21 Mayoral development corporations SCHEDULE 22 Mayoral development corporations: consequential and other amendments SCHEDULE 23 The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999 SCHEDULE 24 Transfers and transfer schemes: tax provisions SCHEDULE 25 Repeals and revocations
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As published
3 Limits on charging in exercise of general power
(1) Subsection (2) applies where—
(a) a local authority , combined authority, CCA , or English National Park authority, or the Broads 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.
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Your change, as a redline
3 Limits on charging in exercise of general power
(1) Subsection (2) applies where—
(a) a local authority , combined authority, CCA , or English National Park authority, or the Broads 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.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.