21st April 2009, 06:02 PM
That was the point I made Peter.
The powers under the 2000 Act do not allow a council to do anything other than what they are legally allowed to do. The section of the Act that states 'Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects?' can only read as qualified by the statement 'The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made)'
So it's not a conflict or even a contradiction. It's a qualified statement. You can do anything that local government legislation legally allows you to do
With peace and consolation hath dismist, And calm of mind all passion spent...
The powers under the 2000 Act do not allow a council to do anything other than what they are legally allowed to do. The section of the Act that states 'Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects?' can only read as qualified by the statement 'The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made)'
So it's not a conflict or even a contradiction. It's a qualified statement. You can do anything that local government legislation legally allows you to do
With peace and consolation hath dismist, And calm of mind all passion spent...