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The Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012 No. 965

Citation, commencement and interpretation

1.  (1)  This Order may be cited as the Parish Councils (General Power of Competence) (Prescribed Conditions) Order 2012 and comes into force on the day after the day on which it is made.

(2) In this Order—

“annual meeting” means a meeting of a parish council held in pursuance of paragraph 7(1) of Schedule 12 to the Local Government Act 1972;

“relevant annual meeting” means an annual meeting that takes place in a year of ordinary elections of parish councillors(1).

Prescribed conditions

2.  The conditions prescribed for the purposes of section 8(2) of the Localism Act 2011 are those specified in the Schedule to this Order.

Transitional provision

3.  (1)  This article applies to a parish council in the circumstances described in paragraph (2).

(2) The circumstances are that—

(a)the parish council has passed a resolution under paragraph 1 of the Schedule; and

(b)at the next relevant annual meeting to be held after the meeting at which that resolution is passed, the parish council does not pass another resolution under that paragraph.

(3) The council shall continue to be an eligible parish council for the purpose of completing any activity—

(a)undertaken in the exercise of the general power, but

(b)not completed before the day of the meeting referred to in paragraph (2)(b).

Signed by authority of the Secretary of State for Communities and Local Government

Name

Parliamentary Under Secretary of State

Department for Communities and Local Government

Date

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