In advance of the upcoming Scotland Commercialisation meeting on Tuesday 11 March, which will focus on the live Scottish Government Consultation - A Local Authority General Power of Competence, APSE would like to gather some initial thoughts and information from the Scottish membership regarding this potential new power.

You can also sign up to attend this important Network meeting by clicking here

What is The General Power of Competence?


The Localism Act 2011 defines the ‘General Power of Competence’ as “giving councils the power to do anything an individual can do provided it is not prohibited by other legislation. It enables council to do things an individual may generally do, anywhere in the UK or elsewhere, for a commercial purpose or otherwise (for a charge or without a charge), and without the need to demonstrate that it will benefit the authority, its area or persons resident or present in the area”. Similar definitions now also exist for local government in Wales and in Northern Ireland with their respective legislatures affording a General Power of Competence’ .

You can read more about the Scottish Government Consultation on A Local Authority General Power of Competence which closes on 28 March 2025 here.

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* 1. Do you feel your local authority currently has enough powers to undertake everything that it would like to do for its residents / communities (regardless of the powers to charge or trade for any additional activities)?

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* 2. Do you feel like your local authority currently has enough powers to undertake all of the local government commercial activity (where you may wish to make a charge for a service or trade in an activity) you would like to pursue?

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* 3. If you don’t feel like you have enough powers, what specifically is either preventing your commercial activity or hindering it?

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* 4. In your opinion, would your local authority benefit from the General Power of Competence being introduced in Scotland?

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* 5. Do you have any further comments or considerations?

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* 6. Your details

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* 8. Address

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* 9. Telephone

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* 10. Email

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* 11. By submitting this form you agreeing to our GDPR policy