The Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008

Citation, commencement, and interpretation

1.—(1) This Order may be cited as the Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 and shall come into force on 31st December 2008.

(2) In this Order, “relevant annual meeting” means an annual meeting of a parish council that takes place in a year of ordinary elections.

Prescribed conditions

2.  The conditions prescribed for the purposes of section 1(2) of the Act are those specified in the Schedule to this Order.

Eligibility to use the power to promote well-being

3.—(1) Subject to article 4, a parish council which resolves that it meets the prescribed conditions shall be an eligible parish council for the duration of the eligibility period.

(2) In so far as it permits a local authority to arrange for the discharge of any of their functions by a committee or sub-committee, section 101(1)(a) of the Local Government Act 1972(1) does not apply to the passing of a resolution under this article.

(3) In this article—

“eligibility period” means the period which—

(a)

begins when a resolution under paragraph (1) is passed; and

(b)

ends on the day before the day of the next relevant annual meeting to be held after the resolution is passed.

Transitional provision

4.—(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 3(1); and

(b) at the next relevant annual meeting to be held after the day on which the 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 section 2(1) of the Local Government Act 2000, 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

John Healey

Minister of State

Department for Communities and Local Government

2nd December 2008