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Power of Well-Being

Doddinghurst Parish Council became eligible and resolved to adopt the Power of Well-Being in November 2009.

•  This Power is a power of first resort for Local Councils to achieve the objective(s) of the promotion of, or improvements to: the economic, and/or the social, and/or environmental, well-being of its area. For example, where a council wished to enter a partnership with a commercial organisation to promote the local economy and improve the environment.

•  Councils must have regard to: it's principal authorities sustainable community strategies; the fact that no authority is given to raise money to meet an objective undertaken under this power; the need to keep costs in proportion to overall resources.

•  To be eligible to use the power Councils have to vote to adopt the power at a full council meeting having met four “conditions for eligibility” :

-  Qualified clerk e.g. CiLCA. (including the “well-being” section introduced in 2008.)

-  Minimum of 66.6% of vacancies filled at the last ordinary elections.

-  80% of councillors trained on the power.

-  Published a statement of intent on community engagement.

Once a resolution has been passed to adopt the power it normally lasts until the day before the Annual Parish Council meeting in the year of the election of the full council, so eligibility to use the power can last up to four years before requiring renewal.

Notes:

1. See the Local Government Act 2000 as amended in The Local Government and Public Involvement in Health Act 2007.

2. Section 137 power is regarded as a power of last resort, but it is noted that this power is repealed for “power of well-being eligible councils” under paragraph 7 of schedule 5 to the 2007 act.

3. The Communities and Local Government Document “Power to promote well-being of the area: Statutory guidance for local councils” defines “local councils” to mean “Parish Councils”.

4. The prohibition on raising funds includes raising taxes to pay for a project being implemented under the power of well-being, however, this does not include incidental revenue.

5. Councils meeting all criteria have to pass a resolution at a meeting of the full council, attended and voted on by a majority of councillors that have received training, to successfully adopt the power and hence become eligible to use it.

6. Schedule to SI 2008 No 3095 “The Parish Councils (Power to promote Well-being) (Prescribed Conditions) Order 2008.

7. If the council loses eligibility to use the power during its employment to deliver an approved objective that activity may continue.

8. See Schedule to SI 2008 No 3095 “The Parish Councils (Power to promote Well-being) (Prescribed Conditions) Order 2008 and its explanatory note about “Article 3”.