Council Meetings

Powers and Responsibilities of Parish Councils

The Local Government Act 1972 is the one most often referred to when describing the modern powers and responsibilities of Parish Councils but it is augmented by many earlier and later Acts, such as The Criminal Justice and Public Order, Act 1994, which, on the face of it, would not appear to relate to Parish Councils but which gave them a long needed ability to pay for measures to combat crime and the fear of crime in villages.

Parish Councils may only spend public money on projects or actions for which they have a Statutory Power. Breaking this rule is likely to result in a PC’s accounts being refused by the auditor and, possibly, the individual councillors being required to repay the money illegally expended. For those of an enquiring nature, a list of the legislation conferring some of these powers appears at the end of this section.

There is still, as there was in 1894, only one power which the Parish Council must consider using and that is to provide allotments for the labouring poor, if asked for them. All other powers are voluntary – the Parish Council is not obliged to exercise them and indeed the majority would find it difficult to raise enough money to exercise them all on a permanent basis.

Some Statutory Powers of Parish and Town Councils

Local Government Act 1972
S.101 Assume a function delegated by another authority
S.111 Ensure effective discharge of council functions
S.112 Employ someone to carry out council functions
S.124 Buy or lease land for the community
S.142 Publicise council and local authority functions
S.144 Encourage tourism
S.145 Provide entertainment
S.150 Raise money by precept (Council Tax)
S.175 Train councillors
S.214 Assume responsibility for a closed churchyard
S.222 Make representation at public enquiries
S.226 Acquire historical records
Sch.13 Borrow money
Sch.16 (para 20) Comment upon planning applications

Local Government (Miscellaneous Provisions) Act 1953
S.4 Provide bus shelters

Local Government (Miscellaneous Provisions) Act 1976
S.19 Provide or support recreational facilities

Open Spaces Act 1906
S.9 Acquire and manage any open space including valuable habitats
S.10 Administer open space held in trust
Provide lighting for any open space

Commons Act 1899
S.5 Manage common land

Public Health Act 1875
S.164 (see also LGA 1972 sch. 14, para 27) Acquire and manage land for a village green
Provide parks, pleasure grounds, public walks
Make bylaws to prevent dog fouling or to ban dogs

Public Health Act 1961
S.54 Provide a boating lake

Public Health Act 1936
S.87 Maintain public toilets
S.125 Use a local water course to obtain water
S.260 Maintain a local water course

The Countryside Act 1958
S.27 Erect signs for a right of way

Highways Act 1980
S.30 Create a right of way
S.43 Maintain a right of way
S.96 Plant verges with trees shrubs and bulbs (with Highways Authority consent)

Road Traffic Regulation Act 1984
S.57 Take action to relieve traffic congestion
Provide Parking facilities

Parish Councils Act 1957
S.1 Provide roadside seats (with Highways Authority consent)
S.3 (see also LGA 1972 sch.14, para 34) Provide lighting for footways and public places

Litter Act 1983
S.5 Provide litter bins

Smallholding and allotments Act 1908
S.26 Provide allotments
S.34 Acquire land for common pasture

Local Government (Records) Act 1962
S.1 Make community records available to the public
S.2 Purchase records of local interest
S.4 Support local archives

National Parks and Access to the Countryside Act 1949
S.16 Make agreement with English Nature to manage council-owned land as nature reserve
The Wildlife and Countryside Act, 1981
S.39 Local authorities make management agreements with landowners
Environmental Protection Act 1990 and Litter (Animal Droppings) Order 1991
Must keep own land free of litter and dog faeces