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| Clause 31, page 32, line 31, leave out “I” and insert “A” |
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| Clause 32, page 34, line 13, at end insert, “including a requirement for gender |
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| balance among the members of the Scottish Parliament and members of boards of Scottish |
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| | Member’s explanatory statement
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| | The Amendment would ensure continued progression towards achieving gender balance among |
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| | members of the Scottish Parliament and on boards of Scottish public authorities. |
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| Clause 33, page 35, leave out lines 18 and 19 |
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| Clause 33, page 35, line 18, leave out sub-sub-paragraph (b) |
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| Clause 33, page 35, leave out lines 24 and 25 |
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| Clause 33, page 35, leave out lines 26 to 30 |
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| Clause 33, page 37, line 17, at end insert— |
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| | “(7A) | Scottish Ministers, in conjunction with the Advisory, Conciliation and |
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| | Arbitration Service (ACAS) shall establish and oversee a process, involving |
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| | Scottish businesses and trades unions, to end the current employment tribunal fee |
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| Clause 43, page 45, line 7, at end insert— |
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| | “(aa) | in the list of subject-matter, leave out “(c) the Estate Agents Act 1979”” |
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| Clause 45, page 47, line 7, leave out “for which the maximum charge for use is |
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| Clause 45, page 47, line 17, leave out “for which the maximum charge for use is |
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| Clause 45, page 47, line 35, leave out subsection (6) |
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| | To move the following Clause— |
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| | |
| | (1) | In section E1 of Schedule 5 to the Scotland Act 1998 (Road transport) after |
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| | “The subject matter of sections 19 to 22 (Stopping on verges, etc, or in dangerous |
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| | positions, etc.) of the Road Traffic Act 1988; |
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| | The subject-matter of section 41(5) (Regulation of construction, weight, |
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| | equipment and use of vehicles) of the Road Traffic Act 1988 in so far as it relates |
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| | to the making of regulations making it an offence to cause or permit a vehicle to |
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| | stand on the road so as to cause any unnecessary obstruction of the road.” |
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| | (2) | After section 51 of the Road Traffic Offenders Act 1988 (Fixed penalty offences) |
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| | “51A | Offences under Road Traffic Act 1988 |
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| | (1) | Any offence in respect of a vehicle under regulations made by Scottish |
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| | Ministers under section 41(5) (Regulation of construction, weight, |
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| | equipment and use of vehicles) of the Road Traffic Act 1988 is a fixed |
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| | penalty offence for the purposes of this Part of this Act if it is specified |
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| | as such in those regulations, but subject to subsection (2) below. |
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| | (2) | An offence under an enactment so specified is not a fixed penalty offence |
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| | for those purposes if it is committed by causing or permitting a vehicle to |
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| | be used by another person in contravention of any provision made or |
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| | restriction or prohibition imposed by or under any enactment.” |
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| | (3) | Before proposing a change in regulation of a subject matter falling under this |
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| | section, Scottish Ministers shall— |
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| | (a) | consult the Secretary of State, and |
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| | (b) | publish and lay before the Scottish Parliament an assessment of the |
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| | impact on road safety of any difference between the proposed change in |
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| | Scotland and road traffic rules in other parts of the United Kingdom.”” |
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| | Member’s explanatory statement
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| | This amendment is intended to ensure that offences in relation to parking on pavements can be |
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| | enforced by the Scottish Parliament. Other offences would be unaffected. This amendment is based |
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| | on Mark Lazarowicz’s Private Members’ Bill from the last Parliament, which was supported in |
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| | principle by the then Secretary of State for Scotland. |
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| | To move the following Clause— |
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| | In Part 2 of Schedule 5 to the Scotland Act 1998 (Employment), leave out Section |
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| | Member’s explanatory statement
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| | This new Clause would remove from the list of reserved matters in the 1998 Act (and so transfer |
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| | to the Scottish Parliament) the subject-matter of Part I of the Health and Safety at Work etc. Act |
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| | 1974 (Health, safety and welfare in connection with work, and control of dangerous substances |
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| | and certain emissions into the atmosphere), the Health and Safety Commission, the Health and |
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| | Safety Executive and the Employment Medical Advisory Service. |
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| | To move the following Clause— |
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| | In Section C1 in Part 2 of Schedule 5 to the Scotland Act 1998 (Business |
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| | associations) at the end of the exceptions insert— |
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| | “(c) | the law on partnerships and unincorporated associations, |
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| | (d) | the creation of new forms of cooperative enterprise, |
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| | (e) | the creation of new forms of mutual enterprise, |
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| | (f) | the creation of economic interest groups where the European Economic |
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| | Interest Group under regulation EEC 2137/85 is not available because the |
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| | members do not come from more than one member state.”” |
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| | To move the following Clause— |
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| | | “Employment and industrial relations |
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| | In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section H1 (employment |
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| | and industrial relations).” |
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| | Member’s explanatory statement
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| | This new clause would devolve employment and industrial relations to the Scottish Parliament. |
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| | To move the following Clause— |
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| | (1) | In Part 2 of Schedule 5 to the Scotland Act 1998 (“the 1998 Act”), omit Section |
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| | (2) | The Health and Safety Executive is a cross-border public authority for the |
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| | purposes of the 1998 Act. |
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| | (3) | The 1998 Act applies in relation to the Health and Safety Executive in the same |
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| | way as it applies in relation to cross-border public authorities specified in an |
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| | Order in Council under section 88(5) of the 1998 Act.” |
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| | Member’s explanatory statement
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| | This new clause would devolve health and safety to the Scottish Parliament and designates the |
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| | Health and Safety Executive as a cross-border public authority. |
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| | To move the following Clause— |
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| | In Part 2 of Schedule 5 to the Scotland Act 1998, omit Section L2 (equal |
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| | Member’s explanatory statement
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| | This new clause would devolve equal opportunities to the Scottish Parliament. |
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| CLAUSES 46 TO 55, NEW CLAUSES RELATING TO PART 5, NEW SCHEDULES RELATING TO |
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| PART 5, CLAUSES 56 TO 58, NEW CLAUSES RELATING TO PART 6, NEW SCHEDULES |
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| RELATING TO PART 6, CLAUSES 59 TO 64, NEW CLAUSES RELATING TO PART 7,
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| NEW SCHEDULES RELATING TO PART 7, REMAINING PROCEEDINGS ON THE BILL |
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| | To move the following Clause— |
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| | | “Local authority’s power of general competence |
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| | (1) | A local authority has power to do anything that individuals generally may do. |
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| | (2) | Subsection (1) applies to things that an individual may do even though they are |
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| | in nature, extent or otherwise— |
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| | (a) | unlike anything the authority may do apart from subsection (1), or |
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| | (b) | unlike anything that other public bodies may do. |
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| | (3) | In this section “individual” means an individual with full capacity. |
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| | (4) | Where subsection (1) confers power on the authority to do something, it confers |
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| | power (subject to sections (Boundaries of the general power) to (Limits on doing |
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| | things for commercial purposes in exercise of general power) to do it in any way |
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| | (a) | power to do it anywhere in the United Kingdom or elsewhere, |
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| | (b) | power to do it for a commercial purpose or otherwise for a charge, or |
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| | (c) | power to do it for, or otherwise than for, the benefit of the authority, its |
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| | area or persons resident or present in its area. |
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| | (5) | The generality of the power conferred by subsection (1) (“the general power”) is |
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| | not limited by the existence of any other power of the authority which (to any |
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| | extent) overlaps the general power. |
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| | (6) | Any such other power is not limited by the existence of the general power (but |
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| | see section (Powers to make supplemental provision)(2)).” |
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| | Member’s explanatory statement
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| | This series of new Clauses seeks to introduce a general power of competence for Scottish local |
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| | authorities, putting it beyond doubt that they may do anything that is not expressly prohibited by |
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| | law. It seeks to go further than the power of wellbeing already afforded to Scottish local |
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| | authorities. The proposals seek to give councils the capacity to do anything that an individual can |
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| | do. Therefore, this would not enable a local authority to introduce a tax or wage war, but it would |
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| | ensure that local government has the ability to use the power of general competence in the most |
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| | sensible and constructive way for the benefit of the people and communities whom they serve. |
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| | To move the following Clause— |
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| | | “Boundaries of the general power |
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| | (1) | If exercise of a pre-commencement power of a local authority is subject to |
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| | restrictions, those restrictions apply also to exercise of the general power so far as |
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| | it is overlapped by the pre-commencement power. |
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| | (2) | The general power does not enable a local authority to do— |
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| | (a) | anything which the authority is unable to do by virtue of a pre- |
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| | commencement limitation, or |
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| | (b) | anything which the authority is unable to do by virtue of a post- |
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| | commencement limitation which is expressed to apply— |
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| | (i) | to the general power, |
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| | (ii) | to all of the authority’s powers, or |
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| | (iii) | to all of the authority’s powers but with exceptions that do not |
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| | include the general power. |
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| | (3) | The general power does not confer power to make or alter— |
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| | (a) | arrangements of a kind which may be made under sections 56 |
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| | (arrangements for discharge of authority’s functions by committees, joint |
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| | committees, officers etc.) or 62B (establishment of joint boards) of the |
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| | Local Government (Scotland) Act 1973, |
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| | (b) | any other arrangements that authorise a person to exercise a function of |
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| | |
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| | “post-commencement limitation” means a prohibition, restriction or other |
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| | limitation expressly imposed by a statutory provision that— |
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| | (a) | is contained in an Act passed after the day on which this Act is passed or |
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| | (b) | is contained in an instrument made under an Act and comes into force on |
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| | or after the commencement of section (Local authority’s general power |
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| | |
| | “pre-commencement limitation” means a prohibition, restriction or other |
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| | limitation expressly imposed by a statutory provision that— |
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| | (a) | is contained in this Act, or in any other Act passed no later than the day |
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| | on which this Act is passed, or |
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| | (b) | is contained in an instrument made under an Act and comes into force |
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| | before the commencement of section (Local authority’s general power of |
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| | |
| | “pre-commencement power” means power conferred by a statutory |
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| | (a) | is contained in this Act, or in any other Act passed no later than the day |
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| | on which this Act is passed, or |
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| | (b) | is contained in an instrument made under an Act and comes into force |
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| | before the commencement of section (Local authority’s general power of |
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| | Member’s explanatory statement
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| | This new Clause is linked to the new Clause on a local authority power of general competence |
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| | To move the following Clause— |
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| | | “Limits on charging in exercise of general power |
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| | (1) | Subsection (2) applies where— |
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| | (a) | a local authority provides a service to a person otherwise than for a |
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| | (b) | its providing the service to the person is done, or could be done, in |
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| | exercise of the general power. |
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| | (2) | The general power confers power to charge the person for providing the service |
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| | (a) | the service is not one that a statutory provision requires the authority to |
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| | (b) | the person has agreed to its being provided, and |
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| | (c) | ignoring this section and section 1 of the Local Authorities (Goods and |
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| | Services) Act 1970 (supply of goods and services by local authorities), |
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| | the authority does not have power to charge for providing the service. |
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| | (3) | The general power is subject to a duty to secure that, taking one financial year |
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| | with another, the income from charges allowed by subsection (2) does not exceed |
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| | |
| | (4) | The duty under subsection (3) applies separately in relation to each kind of |
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| | Member’s explanatory statement
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| | This new Clause is linked to the new Clause on a local authority power of general competence |
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| | To move the following Clause— |
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| | | “Limits on doing things for commercial purpose in exercise of general power |
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| | (1) | The general power confers power on a local authority to do things for a |
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| | commercial purpose only if they are things which the authority may, in exercise |
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| | of the general power, do otherwise than for a commercial purpose. |
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| | (2) | Where, in exercise of the general power, a local authority does things for a |
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| | commercial purpose, the authority must do them through a company. |
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