Search Legislation

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

Article 2

SCHEDULEConditions of eligibility

This schedulenoteType=Explanatory Memorandum has no associated

1.  The council has resolved at a meeting of the council and each subsequent relevant annual meeting that it meets the conditions in paragraph 2 below.

2.  (1)  At the time a resolution under paragraph 1 is passed —

(a)the number of members of the council that have been declared to be elected(1), whether at ordinary elections or at a by-election, is equal to or greater than two-thirds of the total number of members of the council;

(b)the clerk to the parish council holds—

(i)the Certificate in Local Council Administration;

(ii)the Certificate of Higher Education in Local Policy;

(iii)the Certificate of Higher Education in Local Council Administration; or

(iv)the first level of the foundation degree in Community Engagement and Governance awarded by the University of Gloucestershire or its successor qualifications; and

(c)the clerk to the parish council has completed the relevant training, unless such training was required for the purpose of obtaining a qualification of a description mentioned in paragraph (b).

(2) For the purposes of this paragraph “relevant training” means training—

(a)in the exercise of the general power;

(b)provided in accordance with the national training strategy for parish councils adopted by the National Association of Local Councils, as revised from time to time.

(1)

In relation to declaring a person to be elected, see the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), in particular, rules 14 and 50 of the Rules for Conduct of an Election of a Parish or community where the Poll is not taken together with Poll at another Election, and rules 14 and 50 of the Rules for Conduct of and Election of Councillors for a Parish or Community where the Poll is taken together with Poll at a relevant Election or Referendum.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources