OpenLegislation

Section 1 General power of competenceC1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19

(1)

A local authority F1, combined authority, CCA F2, or English National Park authority, and the Broads Authority, has power to do anything that individuals generally may do.

(1A)

F3 The general power which a mayoral combined authority or mayoral CCA has under this Chapter may be exercised by the mayor on behalf of that authority (concurrently with the authority).

(2)

Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—

(a)

unlike anything the authority may do apart from subsection (1), or

(b)

unlike anything that other public bodies may do.

(3)

In this section “individual” means an individual with full capacity.

(4)

Where subsection (1) confers power on the authority to do something, it confers power (subject to sections 2 to 4) to do it in any way whatever, including—

(a)

power to do it anywhere in the United Kingdom or elsewhere,

(b)

power to do it for a commercial purpose or otherwise for a charge, or without charge, and

(c)

power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.

(5)

The generality of the power conferred by subsection (1) (“the general power”) is not limited by the existence of any other power of the authority which (to any extent) overlaps the general power.

(6)

Any such other power is not limited by the existence of the general power (but see section 5(2)).

(7)

Schedule 1 (consequential amendments) has effect.

Annotations

Textual amendments

F1

Words in s. 1(1) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3)(5), Sch. 6 para. 2(3) (with s. 102)

F2

Words in s. 1(1) inserted (29.6.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 33 para. 2

F3

S. 1(1A) inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3)(5), Sch. 6 para. 2(4) (with s. 102)

F4

S. 1 heading substituted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3)(5), Sch. 6 para. 2(2) (with s. 102)

Modifications

C1

S. 1: functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 1 (with art. 8(4))

C2

S. 1 functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 1

C3

S. 1 functions made exercisable concurrently (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), art. 1(2), Sch. 3 para. 1

C4

S. 1: functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 1

C5

S. 1: functions made exercisable concurrently (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 3 para. 1

C6

Pt. 1 Ch. 1 modified (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 24

C7

S. 1: functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 para. 1

C8

S. 1: functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 13 (with art. 28)

C9

S. 1: functions for specified purposes made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 26(6)-(8)

C10

S. 1: functions made exercisable (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 48(5) (with art. 9)

C11

S. 1: functions made exercisable concurrently (28.1.2025) by The Combined Authorities (Borrowing) and East Midlands Combined County Authority (Borrowing and Functions) (Amendment) Regulations 2025 (S.I. 2025/86), regs. 1(2), 4

C12

S. 1: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 28

C13

S. 1: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 18

C14

S. 1: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 32

C15

S. 1: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 16

C16

S. 1: functions made exercisable concurrently (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 16(4)(5)

C17

S. 1: functions made exercisable concurrently (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 15(4)(5)

C18

S. 1: functions made exercisable concurrently (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 14(4)-(6)

C19

S. 1: functions made exercisable concurrently (4.6.2026) by The Hampshire and the Solent Combined County Authority Regulations 2026 (S.I. 2026/595), regs. 1(2), 15(4)

Commencement

I1

S. 1(1)-(6) in force at 18.2.2012 by S.I. 2012/411, art. 2(a)

I2

S. 1(7) in force at 4.4.2012 by S.I. 2012/1008, art. 2(a) (with arts. 7, 8)