b'Summary 6.14 The general competence powers contained in the 2011 Act were the most radical and concerted attempt to remove vires concerns from local authorities. Instead of seeking out enabling powers to do something such powers can (generally speaking) now be assumed to exist. However, in view of the limitations that follow section 1, care must be exercised to ensure no pre-existing laws restrict or prohibit certain actions. In particular, where an authority seeks to impose a charge for a service pursuant to section 1, it must check not only for pre-existing restrictions and limitations in any overlapping legislation but also whether there exists a statutory code for charging for that specific activity. If such charging code exists it will apply. Part 2 (charging powers) of this work is intended to assist with these searches but the powers identified are not intended to be a comprehensive or complete list of charging powers, more a starting point for further research. Legislation is constantly changing. There may be some provisions simply missed or yet to be enacted. Consequently, legal advice will need to be taken on these issues in each case despite the wide nature of the general competence power. Similarly for trading, the authority will need to carefully consider what type of trading it is intending to carry out. Acting pursuant to a commercial purpose is not defined under the 2011 Act, yet there are requirements and limitations contained in the statute if this is, in fact, what the authority is doing. One of these requirements is the establishment of (or participation in) a company as a pre-requisite to commercial purpose activity. Does pursuing profit as a prime objective determine commercial purpose? Does commercial purpose depend on who the authority trades with and what risk the authority is taking?Where the authority wishes to trade with another public body it will need to consider carefully the nature of such relationship, and the procurement implications. Is the authority primarily seeking to make a profit from the activity or alternatively is it seeking to cover its costs or perhaps save costs by entering into such arrangements for efficiency or other purposes? If so, can the Local Authorities (Goods and Services) Act 1970 (the 1970 Act) be utilised as this does not require a company to be established as a pre-requisite, and perhaps such arrangements may not be described as acting pursuant to a commercial purpose? No doubt issues and uncertainties which may appear to exist today will prove easier to deal with in practice now the new powers have come fully into force. The DCLG and other agencies may also in due course decide to develop guidance and case studies which will also help to establish custom and practice in this area. 77'