General Power of Competence
Clifton Community Council resolved from 18th May 2023, until the next relevant Annual Meeting of the Council, that having met the conditions of eligibility as defined in the Localism Act 2011 and SI 965 The Parish Councils (General Power of Competence)(Prescribed Conditions) Order 2012, to adopt the General Power of Competence which means that Councils, once adopting the power, no longer need to ask whether they have a specific power to act to support and act for our community.
The General Power of Competence Localism Act 2011 S1 (1) gives Local Authorities including … local councils “the power to do anything that individuals generally may do as long as they do not break any other laws”. It is a power of first resort. This means that when searching for a power to act, the first question to ask is whether you can use the General Power of Competence. To find the answer, you ask whether an individual is normally permitted to act in the same way.
Sometimes a Council can do things that an individual can’t do such as creating bylaws, raising a precept or issuing fixed penalty notices but it must do so using the specific original legislation.
Further details about the General Power of Competence can be found via the following links:
General power of competence – empowering councils to make a difference
