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.
Localism Bill
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 bills on Localism Bill.
About this proceeding contribution
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728 c1087 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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