Section 80 Boundaries of the general powerI1

(1)

If exercise of a pre-commencement power of a council 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 council to do—

(a)

anything which the council is unable to do by virtue of a pre-commencement limitation; or

(b)

anything which the council 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 council's powers; or

(iii)

to all of the council'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 4;

(b)

make or alter arrangements of a kind which are made, or may be made, by or under Part 5 or Part 6;

(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 council.

(4)

In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision which comes into operation after the commencement of section 79;
“pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision (including a provision of or made under this Act) which comes into operation on or before the commencement of section 79;
“pre-commencement power” means power conferred by a statutory provision which comes into operation before the commencement of section 79.

Annotations

Commencement

I1: S. 80 in operation at 1.4.2015 by S.R. 2015/209, art. 2, Sch. 1