UNITED KINGDOM STATUTORY INSTRUMENT
2008 No. 3095
Local Government, England
The Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008
Made 2nd December 2008
Laid before Parliament 9th December 2008
Coming into force 31th December 2008
The Secretary of State, in exercise of the powers conferred by sections 1(2) and 105 of the Local Government Act 2000, makes the following Order:
S-1
Citation, commencement, and interpretationCitation, 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.
S-2
Prescribed conditionsPrescribed conditions
2. The conditions prescribed for the purposes of section 1(2) of the Act are those specified in the Schedule to this Order.
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Eligibility to use the power to promote well-beingEligibility 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 1972does 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.
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Transitional provisionTransitional provision
4.—(1) This article applies to a parish council in the circumstances described in paragraph (2).
(2) The circumstances are that—
(a)
(a) the parish council has passed a resolution under paragraph 3(1); and
(b)
(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)
(a) undertaken in the exercise of section 2(1) of the Local Government Act 2000, but
(b)
(b) not completed before the day of the meeting referred to in paragraph (2)(b).
John Healey
Minister of State
Department for Communities and Local Government
2nd December 2008
SCHEDULE
Article 2
CONDITIONS FOR ELIGIBILITY TO USE THE POWER TO PROMOTE WELL-BEING
1.—(1) The persons declared to be electedat the last relevant ordinary elections of the council must be equal to or greater than the relevant number.
(2) In this paragraph—
“relevant number” means the number that is equal to two-thirds (or as nearly as may be) of the number of councillors to be elected at the last relevant ordinary elections of the council; and
“relevant ordinary elections” means the last ordinary elections of councillors of the parish council to have been held before the day on...
