- 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
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.
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.
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