Town Council loses eligibility for general power of competence

Newtown & Llanllwchaiarn Town Council has lost its status as an eligible council for the purposes of the general power of competence, after the number of councillors elected falls.

In a blow to the town council, the Town Clerk has confirmed at their last full meeting that the town council is no longer an 'eligible' council, for the purposes of a new law introduced three years ago.

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The general power of competence which is a new power introduced in Wales, allows the town council to do 'anything which an individual may do' without having to rely on a specific power.

The power, which has existed in England since 2011 allows the town council to be more innovative and run new services, including the power to raise money by charging and trading for commerical purposes.

To be able to use this new power, the town council must each year reaffirm that it is eligible to meet the general power of competence. It is also required to meet three criteria which include having two-thirds of members elected, a clerk with a relevant qualification and two unqualified audits.

Unfortuantly, due to the loss of town councillors Rex Shayler and Jackie Molloy-Davies, the council now only has 9 out of 16 members elected, meaning it has dropped below the two-thirds members elected criteria.

This affects the ability of the town council in progressing 'new work' without a statutory power - the exact definition of which is being clarified by the Town Clerk.