What are the GPC

Question

In balance, to lose the General Power of Competence, how inhibiting would it be to the policy`s and general running of a council in a broad encompassing way. In example the authority to spend, are there limitations that are triggered that result in the loss.

Answer 1

It is not  inhibiting in any way because there are plenty of other powers to spend money, your standing orders, financial regulations, policies would all stay the same.  To lose GPC you will be losing your qualified Clerk or the number of Councillors who were elected has gone below two thirds.  GPC really means Councils can spend money on individuals whereas normally they can’t.

Comments

I disagree that it is not inhibiting.  With GPC as you correctly say you can literally spend on anything whereas without it you have to rely on powers. In the absence of any specific powers you have to rely S137 which comes with its own legal tests and limits . My Council continues to spend as if it has GPC and when I asked whether the power to spend  was considered with each expenditure I was told no. When asked for details on what had been spent on S137 so far  the top table all looked at one another and shrugged. So it all depends if you want to go for the easy life or do the job properly

Answer 2

It's a really poorly constructed question.

Are the GPC being revoked because eligibility criteria are no longer met or is it some sort of voluntary relinquishment or is it an anticipation of a qualified clerk being replaced by an unqualified one or is it the proportion of co-opted to elected Cllrs falling below the required level?

How inhibiting will it be....?  Well, where GPC allows a PC to conduct any general business, as a business might, the absence of it removes that authority and the PC reverts back to only those duties and responsibilities which are bestowed upon it by relevant legislation.

This is a daft question - yes, there really is such a thing as a stupid question.  I wouldn't quite go that far in this case but it certainly lacks forethought.

If the difference between having, and not having, GPC is not known to someone then they really must question whiter they are a credible person to be charged with ensuring due process is complied with whether with GPC or otherwise.

Answer 3

My understanding was once you got GPC it remained until the next election although some Councils do renew it annually

Comments

That's correct. You declare gpc renewal at the first ordinary meeting of the council after an election. There's no requirement for annual declaration.

Answer 4

It is inhibiting to a degree in that s137 spend has a financial limit to it that is advised each year by govt. Its the number of electors multiplied by about £8.50 ish. It also has to be recorded in your accounts as a separate cost. There should also be a power stated for each s137 spend.
S137 can only be spent for the benefit of the parish - the exact wording is in the local govt act.

I would also expect the internal auditor to examine this spend for appropriateness.

So there are restrictions that are not there under GPC and you might find that something the council previously funded is not able to be supported by s137 in terms of the money spent or the subject matter.

Hope the above helps.

Answer 5

Thank you for the responses, it aids my thoughts in consideration of the forthcoming elections , as highlighted by RAC. As other contributors on the forum have posted in regard of implementing policy's and procedures, it takes plain speaking to put a point across in a considered and valid (value) way, as the acclaimed Benoit Blanc may exclaim. To understand the situation, without the GPC it may be trying to apply large spends could be questioned if not going through the s137 process quite possibly on already commissioned spends.