art 2 Authorisation to trade in function-related activities and conditions to be met before exercising the power to trade
(1) Subject to paragraphs (2) and (3), a relevant authority is authorised to do for a commercial purpose anything which it is authorised to do for the purpose of carrying on any of its ordinary functions. (2) Before exercising the power conferred by paragraph (1), the relevant authority must— (a) prepare a business case in support of the proposed exercise of the power, and (b) approve that business case. (3) A “business case” under article 2(2) means a comprehensive statement as to— (a) the aims and objectives of the proposed exercise of the power; (b) the costs, investments and other resources required to achieve those aims and objectives; (c) the financial outcomes that are expected to be achieved by the proposed exercise of the power; (d) any other relevant outcomes that are expected to be achieved by the proposed exercise of the power; (e) any risks associated with the proposed exercise of the power including an assessment of the severity of those risks, and any actions that the authority proposes to take to mitigate those risks; (f) the impact (including on the terms and conditions of employment) on any staff that it intends to supply to a company through which it proposes to exercise the power; (g) the intended arrangements for the staffing of the company through which it proposes to exercise the power, including the proposed terms and conditions of employment of any staff to be employed.