Section 3 Limits on charging in exercise of general powerI1

(1)

Subsection (2) applies where—

(a)

a local authority F1, combined authority, CCA F2, 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.

Annotations

Textual amendments

F1: Words in s. 3(1)(a) 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. 4 (with s. 102)
F2: Words in s. 3(1)(a) inserted (29.6.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 33 para. 4

Commencement

I1: S. 3 in force at 18.2.2012 by S.I. 2012/411, art. 2(b)