The Localism Act 2011 (Commencement No. 5 and Transitional, Savings and Transitory Provisions) Order 2012

Transitional etc provisions: general power of competence

8.—(1) The amendment of section 2(1) of the 2000 Act by paragraphs 2 and 3 of Schedule 1 to the Act shall take effect subject to the following.

(2) A parish council that is an eligible parish council(1) for the purposes of Part 1 of the 2000 Act at the time of the coming into force of Schedule 1 shall continue to be able to exercise the power under section 2 of the 2000 Act (power to promote well-being)—

(a) where eligible by virtue of article 4 of the Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 (transitional provisions), in accordance with that article;

(b) where otherwise eligible, until the end of the day of its next annual meeting in a year of ordinary elections and after that day for the purpose of completing any activity—

(i) undertaken in the exercise of section 2 of the 2000 Act, but

(ii) not completed before the day of the meeting.

(3) The power under section 2 of the 2000 Act shall remain a function of the Greater Manchester Combined Authority(2), and the constituent councils of the Greater Manchester Combined Authority shall continue to have the power under that section to the extent necessary for it to be a function of the Greater Manchester Combined Authority.

(1)

See section 1 of the Local Government Act 2000. Conditions for eligibility are set out in the Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 (S.I. 2008/3095).

(2)

The Greater Manchester Combined Authority was established by the Greater Manchester Combined Authority Order 2011 (S.I. 2011/908). The constituent council are the metropolitan district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, and Wigan.