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Proceeding contribution from Lord Jenkin of Roding (Conservative) in the House of Lords on Monday, 20 June 2011. It occurred during Committee of the Whole House (HL) and Debate on bill on Localism Bill.


Localism Bill

I did not give notice of my intention to ask a question about Clause 4, but I have listened to the discussion on the previous group of amendments with some interest. Clause 4(1) gives me a certain amount of anxiety. The provision describes, "““power on a local authority to do things for a commercial purpose only if they are things which the authority may, in exercise of the general power, do otherwise than for a commercial purpose””." Does that really just mean that if it is illegal to do it otherwise, they may not do it for a commercial purpose, or is there some inwardness here which perhaps I have not appreciated? It sounds almost tautologous. If a local authority cannot do something, presumably it cannot do it whether for a commercial purpose or otherwise, in which case why put it in the Bill? If there are differences or some distinction is being drawn here, I would be most grateful if my noble friend could explain it to me.


Secondary information

Type
Proceeding contribution
Reference
728 c1087 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Devolved matters Community development Devolution Council tax Contracts for services Fees and charges Land Legislative competence Legislation Fire and rescue services Local government Ministerial powers Public transport Referendums Local government services Parish and town councils Passenger transport executives Recreation spaces Parks Sustainable development Wales Rights of way Rescue services Mayors
Legislation
Localism Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk