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Section 16 Promoting social enterprises, co-operatives, user led services and the third sectorI1

(1)

A local authority must promote—

(a)

the development in its area of social enterprises to provide care and support and preventative services;

(b)

the development in its area of co-operative organisations or arrangements to provide care and support and preventative services;

(c)

the involvement of persons for whom care and support or preventative services are to be provided in the design and operation of that provision;

(d)

the availability in its area of care and support and preventative services from third sector organisations (whether or not the organisations are social enterprises or co-operative organisations).

(2)

In this section—

  • “care and support” (“gofal a chymorth”) includes support for carers;

  • “preventative services” (“gwasanaethau ataliol”) means services the local authority considers would achieve any of the purposes in section 15(2);

  • “social enterprise” (“menter gymdeithasol”) means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which—

    1. (a)

      generates most of its income through business or trade,

    2. (b)

      reinvests most of its profits in its social objects,

    3. (c)

      is independent of any public authority, and

    4. (d)

      is owned, controlled and managed in a way that is consistent with its social objects;

  • “society” (“y gymdeithas”) includes a section of society;

  • “third sector organisation” (“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society.

(3)

For the purposes of this section, regulations may provide—

(a)

that activities of a specified description are or are not to be treated as activities which a person might reasonably consider to be activities carried on for the benefit of society;

(b)

that organisations or arrangements of a specified description are or are not to be treated as—

(i)

social enterprises,

(ii)

co-operative organisations or arrangements, or

(iii)

third sector organisations;

(c)

for what does, does not or may constitute a section of society.

Annotations

Commencement

I1

S. 16 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)