Powers
Powers and Duties
Parish Council's have a wide range of powers which essentially relate to local matters, such as looking after open spaces, play areas, street lighting, bus shelters, and much more.
The powers which have been vested in Parish, Town and Community Councils being Acts of Parliament are summarised below. Each description is brief and is intended to be a general indication.
Like all powers given to public bodies, the powers of local councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body (for example the approval of the Unitary or County Council for the provision of a car park).
Local Councils must exercise their powers subject to the provisions of the general law (for example planning permission is necessary for a sports pavilion).
Examples of Legal Powers and Duties
| Function | Powers and Duties | Statutory Provisions |
|---|---|---|
Allotments |
Power to provide allotments Duty to provide allotment gardens if demand unsatisfied and if reasonable to do so |
Small Holding & Allotments Act 1908, s.23 |
Burial grounds, cemetaries and crematoria |
Power to acquire and maintain Power to provide Power to contribute towards expenses of cemeteries |
Open Spaces Act 1906, Sections 9 and 10 Power to provide Local Government Act 1972,s.214 Power to contribute towards expenses of cemeteries Local Government Act 1972, s.214 (6) |
Bys shelters |
Power to provide and maintain bus shelters |
Local Government (Misc. Provision) Act 1953,s.4 |
Charities |
Powers to act as charity trustees |
Local Government Act 1972, bs.139(1) |
Crime prevention |
Power to spend money on crime detection and prevention measures |
Local Government and Rating Act 1997, s.31 |
Highways |
Power to repair and maintain public footpaths and bridle-ways. Power to light roads and public places Power to provide parking places for vehicles, bicycles and motor cycles. Power to enter into agreement as to dedication and widening Power to provide roadside seats and shelters Power to consent to a local highway authority stopping maintenance of a highway or stopping up/ diverting a highway Power to complain to district council about the protection of rights of way and roadside waste Power to provide certain traffic signs and other notices Power to plant trees and shrubs and to maintain roadside verges
|
Highways Act 1980, ss. 43, 50 Parish Councils Act 1957, s. 3; Highways Act 1980, s.301 Road Traffic Regulation Act 1984, ss. 57, 63 Highways Act 1980, ss. 30, 72 Parish Councils Act 1957, s. 1 Highways Acts 1980, ss. 47, 116 Highways Act 1980, s. 130 Road Traffic Regulation Act 1984, s. 72 Highways Act 1980, s. 96 |
Litter |
Provision of bins |
Litter Act 1983, ss.5,6 |
Newsletter |
Power to provide information relation to matters affecting local government |
Local Government Act 1972, s.142 |
Open spaces |
Power to acquire and maintain land for public recreation Power to acquire and maintain land for open spaces |
Public Health Act 1875, s.164 Open Spaces Act 1906, ss.9 and 10 |
Recreation |
Power to provide a widerange of recreational facilities
|
Local Government (Misc. Provisions) Act 1976,s.19 |
Traffic Calming |
Power to contribute financially to traffic calming measures |
Local Government and Rating ACt 1997, s.30 |
Websites |
Power for councils to have their own website |
Local Government Act 1972, s.142 |
