b'Local Government Act 2003Charging v Trading 6.17 Discretionary Charging Powers (s 93)Commercial Trading Powers (s 95) Charging relates only to discretionaryCommercial trading (since 1.10.09) can be services, ie an authority must beundertaken by all English best value local /fire and authorised but not required to provide therescue authorities; service; All local authorities can use the power toBut best value authority does not include: charge; Recipient must agree to being charged;(a)a police authority established under section 3 of the Police Act 1996, Powers to charge elsewhere take(b)the Common Council of the City of London in precedence including express prohibitionsits capacity as a police authority, or limitations on the charging powers; Charging is limited to the recovery of thec) the Metropolitan Police Authority, or cost of providing the service; Cost recovery guidance issued by CIPFA (d)the London Development Agency; Local authorities can only set up trading companies in function-related activities. The power cannot be used to authorise trading in anything which an authority is statutorily obliged to do in relation to a person The power cannot be used where an authority is authorised, apart from this section, to do something for a commercial purpose; Before trading authorities must: prepare and approve a business case prior to exercising the power; recover any costs incurred in anything supplied, including accommodation, goods, services or staff, to the trading company; set up or participate in a company92'