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CLERK'S BRIEFING NOTE 12-12

GENERAL POWER OF
COMPETENCE


On 30/03/12, the Secretary of State for Communities and Local Government made an Order in exercise of the powers conferred by sections 8(2) and 235(2) of the Localism Act 2011. The power enables parish councils to do anything that an individual might do, apart from that which is specifically prohibited. However, parish councils must still act in accordance with statutory limitations or restrictions. Powers to tax, precept and borrow will remain governed by the existing regimes. For councils to exercise the power:

  1. Two thirds or more of the councillors must have been elected rather than co-opted (ie 6 in Sedlescombe).
  2. The Clerk to the Parish Council must hold the relevant qualification (ie Sedlescombe's Clerk holds the Certificate in Local Council Administration) plus relevant training in the exercise of the power. The Clerk will need to complete an additional module.
  3. The Council will need to pass a resolution confirming qualification for exercising the power. The power lapses unless it is confirmed by formal resolution at the Annual Meeting after every ordinary election.


Clerk/RFO,
Sedlescombe Parish Council

25 April 2012