Charging and Trading in Local Government

Charging and Trading in Local Government provides detailed guidance on local authorities powers to charge for services and trade, powers that were substantially overhauled and expanded by the Local Government Act 23.
Written by practitioners who are recognised as the leading experts on this subject, it clearly explains what these powers now are and guides readers through their effective use. Crucially, it demonstrates the practical implications of the new powers by a series of worked examples of possible charging/ trading activities, including the legal processes.
* Identifies the charging and trading powers local authorities now have available
* Shows how to use them to an authoritys advantage
* Incorporates the wide-ranging changes introduced in recent legislation
* Contains a series of worked examples
* Uses checklists and diagrams to highlight key issues and potential pitfalls
* Includes a series of tools for assessing the business case for charging and trading
* Presented in an understandable style suitable for both lawyers and non-lawyersCONTENTS
Part 1 - Introduction

Chapter 1 - Introduction (SDC)
background to trading;
brief synopsis of the ultra vires doctrine
historical difficulties with negative interpretations
the changing views on charging and trading
leading to the new powers under the Modernisation Agenda.

Chapter 2 - Charging and trading under existing powers (AJB)
The LAs (Goods and Services) Act 197
Specific powers such as s19 of the LG (Misc Provisions) Act 1976
Civic Restaurants Act 1949
s111 of the LGA 1972
s2 of the LGA 2.
s3 of the Greater London Authority Act for the GLA
s25 of the Polce Act for police authorities and forces

Chapter 3 - Charging and Trading in Scotland, Wales and Northern Ireland (SDC)
charging and trading in Scotland using the amended Goods and Services Act, including the link to Best Value and the financial limit by Ministers
charging and trading in Wales and the role of the Welsh Assembly Government
charging and trading in Northern Ireland without the 23 Act and using conventional powers

Part 2 - Charging for Discretionary Services

Chapter 4 - The Charging Provisions (SDC)
the basic working of the s93 provisions
Guidance from the ODPM
the proper interpretation of the sections
calculation of charges

Chapter 5 - Examples of charging for discretionary services (SDC)
worked up examples of charging activity eg the art gallery
examples of costs that can be taken into account
cross reference to the strategy and making the case chapter below
examples from museums, leisure, CCTV, building maintenance etc

Part 3 - Commercial Trading

Chapter 6 - Commercial Trading (AJB)
the basic working of the s95 provisions
the proper interpretation of the sections
the regulations and order
the Guidance from ODPM

Chapter 7 - Establishment of companies for Trading (AJB)
relevant law for companies looking at the Order requirements
Part V of the LGHA 1898 and the Companies Order 1995
other aspects relevant to companies including competition
state aid
accounting and other rules etc

Chapter 8 - Examples of commercial trading (AJB)
worked up examples of commercial trading activity or hypothetical scenarios if there are none
issues surrounding setting up the company, MOA and AOA etc

Part 4 - Strategy and Implementation

Chapter 9 - Developing a strategy (SDC)
the way that a local authority should approach charging and trading activity
all relevant aspects to cover with timetables
the various steps to take an idea from genesis to implementation
the progression of powers from definite trading specific powers such as the Goods and Services Act to the s95 powers

Chapter 1 - Making the case for charging and trading (SDC)
preparation of the business case/ financial case
the risk analysis
the market impact analysis
economic / social / environmental cases
business strategy
products strategy
management and organisational issues for LAs
drawing the differences out between fairly minor charging activity and major risk based trading

Part 5 - Conclusion

Chapter 11 - Conclusion (SDC)
looking forwards to the use of these powers
the consequential effect eg on the balance of funding and the relief to the council tax
how charging and trading is likely to further develop