The General Power of Competence
The Government introduced the General Power of Competence (GPC) in the Localism Act 2011 to give eligible councils the power to ‘do anything individuals may generally do’ as long as it is not prohibited by other legislation or restrictions. It is a power of first resort so the power may be used without having to consider other powers first.
Stirchley and Brookside Parish Council resolved at a full meeting of the council in February 2017 that they meet the following criteria:
Two thirds of the Council are elected, at the time of the resolution
The clerk holds either the Certificate in Local Council Administration (CiLCA) including section 7 of CiLCA 2012; or a level 4 qualification from the University of Gloucestershire.
Eligibility must be re-confirmed at each annual meeting following an ordinary election.
In using the GPC councils must have regard to any relevant legislation, restrictions and potential risk to the council; they should also act within the general principle of ‘reasonableness’.