philip-edwards-west-harptree
WHPC 1
310-ProspectStyleRamblers-07-2022-2048x1333

Council Powers

Agency Arrangements

Power to arrange for the discharge of functions by another local authority Local Government Act 1972 s.101 


Allotments

Duty to provide allotmentsSmall Holding & Allotments Act 1908, s.23
Power to improve and adapt land for allotments, and to let grazing rightsSmall Holding & Allotments Act 1908, s.26
Small Holding & Allotments Act 1908, s.42


Archives

Power to make records held available to the public and support local archivesLocal Government (Records) Act 1962, ss1 and 4

Baths and Washhouses

Power to provide public baths and washhouses
Public Health Act 1936ss.221222223227

Borrowing

Power to borrow money for statutory functionsLocal Government Act 1972 Sch. 13

Burial Grounds, Cemeteries and crematoria*

Power to acquire and maintainOpen Spaces Act 1906ss. 910
Power to provideLocal Government Act 1972, s.214
Power to agree to maintain monuments and memorialsParish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1
Power to contribute towards expenses of cemeteriesLocal Government Act 1972, s.214(6)

Bus Shelters

Power to provide and maintain
Local Government (Miscellaneous Provisions) Act 1953, s.4

Bye Laws

Power to make bye-laws in regard to pleasure groundsPublic Health Act 1875, s.164
Cycle parksRoad Traffic Regulation Act 1984, s.57(7)
Baths and washhousesPublic Health Act 1936, s.223
Open spaces and burial groundsOpen Spaces Act 1906, s.15
Mortuaries and post-mortem roomsPublic Health Act 1936, s.198

Charities

Duty to receive accounts of parochial charitiesCharities Act 1960, s 32
Power to appoint trustees of parochial charitiesCharities Act 1993, s 79

Clocks*

Power to provide public clocksParish Councils Act 1957, s.2

Closed Churchyards

Powers (and sometimes duty) as to maintain
Local Government Act 1972, s.215

Commons Land and Common Pastures

Powers in relation to inclosure as to regulation and management and as to providing common pastureInclosure Act 1845; Local Government Act 1984, s 8(4); Smallholdings and Allotments Act 1908, s.34
Power to protect unclaimed common land from unlawful interferenceCommons Registration Act1965,s.9
Power to manage commons and village greens under a district council schemeCommons Act 1899, ss 4 & 5

Conference facilities

Power to provide and encourage the use of facilitiesLocal Government Act 1972, s144

Consultation

Right to be consulted by principal councils if directed by Secretary of State (England) of by Welsh Assembly (Wales)Local Government and Rating Act1997, s21; Local Government Act 1972, s 33A

Community Centres and Village Halls

Power to provide and equip premises for use of clubs having athletic, social or educational objectivesLocal Government (Miscellaneous Provisions) Act 1976, s19

Crime Prevention

Powers to install and maintain equipment and establish and maintain a scheme for detection or prevention of crimeLocal Government and Rating Act 1997, s.31
Power to contribute to police services e.g. PCSOsPolice Act 1996, s.92
Duty on Parish Councils to consider crime reduction in every policy and actionCrime and Disorder Act 1998, s.17

Delegated Functions

Power to assume a function delegated by another authority
Power to ensure effective discharge of Council functions
Power to employ someone to carry out Council functions
  Local Government Act 1972ss. 101, 111 and 112

Drainage

Power to deal with ponds/ditches
Public Health Act 1936, s.260

Education

Right to appoint governors of primary schoolsSchool Standards and Framework Act 1988, para 15 of Sch.9

Entertainment and the Arts*

Provision of entertainment and support of the artsLocal Government Act 1972, s.145

Environment

Power to act for the benefit of the community by tackling and promoting awareness of environmental issuesLocal Government Act 1972,ss 111 and 137

Flagpoles

Power to erect flagpoles in highwaysHighways Act 1980, s 144

Flyposting and Graffiti

Power to take enforcement action against those that fly-post or graffitiCleaner Neighbourhoods and Environment Act 2005

Gifts

Power to acceptLocal Government Act 1972, s.139

General Power of Competence

Power of first resort for qualifying councilsLocalism Act 2011 s.1

Highways

Power to maintain footpaths and bridle-waysHighways Act 1980, ss.4350
Power to light roads and public placesParish Councils Act 1957, s.3Highways Act 1980, s.301
Provision of litter binsLitter Act 1983, ss.5, 6
Powers to provide parking places for bicycles and motor-cycles, and other vehiclesRoad Traffic Regulation Act 1984, ss.5763
Power to enter into agreement as to dedication and wideningHighways Act 1980, ss.30, 72
Power to provide roadside seats and sheltersParish Councils Act 1957, s.1
Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highwayHighways Act 1980, ss.47, 116 
Power to complain to highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastesHighways Act 1980, s.130
Power to provide traffic signs and other objects or devices warning of dangerRoad Traffic Regulation Act 1984, s.72
Power to plant trees and lay out grass verges etc. and to maintain themHighways Act 1980, s.96

Note: Wildlife and Countryside Act 1981 – restrictions on nesting birds

No dates are legally stated between which hedges cannot be trimmed, cut, laid or coppiced, but the main bird breeding season is recognised as being between 1 March and 31 July. https://www.legislation.gov.uk/ukpga/1981/69

Investments

Power to participate in schemes of collective investmentTrustee Investments Act 1961, s.11

Land


Power to acquire by agreement, to appropriate, to dispose of
Local Government Act 1972, ss.124, 126, 127
Power to accept gifts of landLocal Government Act 1972 s139
Power to acquire land by compulsory purchaseLocal Government Act 1972, s125
Power to obtain particulars of persons interested in landLocal Government (Miscellaneous Provisions) Act 1976,s 16
Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control themPublic Health Act 1875, s16;
Local Government Act 1972, Sched. 14, para 27;
Public Health Acts Amendment Act 1980, s44;
Open Spaces Act 1906, ss 9 and 10;
Local Government (Miscellaneous Provisions) Act 1976, s19

Lighting

Power to light roads and public placesParish Councils Act 1957, s Highways Act 1980, s 301

Litter* and dog fouling

Provision of receptacles Obliged to keep own land free of litter and dog faces
Litter Act 1983, ss.5, 6
Environmental Protection Act 1990;
Litter (Animal Droppings) Order 1991
Power to take enforcement action against those that litter
Cleaner Neighbourhoods and Environment Act 2005

Lotteries

Power to promoteLotteries and Amusements Act 1976, s 7

Mortuaries and postmortem rooms

Powers to provide mortuaries and post-mortem rooms
Public Health Act 1936, s.198

Nature Reserves

Power to designate statutory to the nature reserves and marine nature reserves – English Nature can designate sites of specific scientific interest

Powers to make management agreements with landowners and the English Nature to manage council-owned reserve land as a nature reserve
National Parks and Access Countryside Act 1949, ss 15, 16 and 21;

The Wildlife and Countryside Act 1982, ss 36 and 39 and Sched.12

Nuisances

Power to deal with offensive ditches, ponds and guttersPublic Health Act 1936, s 260

Newsletters

Power to publish information about the council, its services and the services provided in the council’s area by other local authorities, government departments, charities and other voluntary organisations.Local Government Act 1972 s 142

Open Spaces

Power to acquire land and maintainPublic Health Act 1875, s164; (acquire for public walks)
Open Spaces Act 1906, s9 & s10; (aquire & maintain council-owned property)
Commons Act 1899 (regulation and management of a common)
Open Spaces Act 1906, s9; (acquire)

Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces, and to manage and control them.Public Health Act 1875, s164; (planting for public walks)
Local Government Act 1972, Sched 14 para 27; (defines local authorities for PHA 1890 s44, PHA 1875 s164, PHA 1925 pVI)
Public Health Acts Amendment Acts 1890, s44; (closing park to public for hire purposes)
Open Spaces Act 1906, s9 & s10; (aquire & maintain council-owned property)
Local Government (Miscellaneous Provisions) Act 1976, s19; (provide recreational facilities and services)

Parish Property and Records

Powers to direct as to their custodyLocal Government Act 1972, s.226

Parking Facilities

Power to provide parking places for motor vehicles, motorcycles and bicyclesRoad Traffic Regulation Act 1984, ss 57 and 63

Planning

Right to be notified of and power to respond to planning applications
Town and Country Planning Act 1990, Sched.1, para. 8
Local Government Act 1972, Sched. 15 para 20.

Postal and telecommunications facilities

Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained in providing post or telegraph office or telecommunications facilitiesPost Office Act 1954, s 51;
Telecommunications Act 1984, s.97

Public Buildings and Village Halls

Power to provide buildings for offices and for public meetings and assembliesLocal Government Act 1972 s133

Public Conveniences

Power to providePublic Health Act 1936, s.87

Public Enquiries

Power to make representations at public enquiriesLocal Government Act 1982, s222

Publicise functions

Power to publicise council and local authority functionsLocal Government Act 1982, s142

Raising of Finances

Power to raise money through the preceptLocal Government Act 1982, s150

Records

Power to collect, exhibit and purchase local recordsLocal Government Act Records) Act 1962 ss 1 and 2

Recreation*

Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds, and open spaces and to manage and control them.Public Health Act 1875, s164; (planting for public walks)
Public Health Act 1925 pVI (allows council to charge for recreational games)
Public Health Acts Amendment Acts 1890, s44; (closing park to public for hire purposes)
Local Government Act 1972, Sched 14 para 27; (defines local authorities for PHA 1890 s44, PHA 1875 s164, PHA 1925 pVI)
Open Spaces Act 1906, s9 & s10; (aquire & maintain council-owned property)
Power to provide gymnasiums, playing fields, holiday campsLocal Government (Miscellaneous Provisions) Act 1976, s19; (provide recreational facilities and services)
Commons Act 1899 (regulation and management of a common)
Provision of boating poolsPublic Health Act 1961, s54

Seats and Shelters*

Power to provide roadside seats and sheltersParish Councils Act 1957, s1

Sustainable communities

Right of  representation on a panel of representatives to be consulted on proposals that would contribute to sustainable communitiesSustainable Communities Act 2007

Tourism*

Power to contribute to the encouragement of tourismLocal Government Act 1972, s.144

Town and Country Planning

Right to be notified of planning applications Town & Country Planning Act 1990, Sched. 1 para 8

Town Status

Power to adopt town statusLocal Government Act 1972, ss 245 and 245B

Traffic Calming

Power to contribute financially to traffic calming schemesHighways Act 1980, s.274A

Training

Power to train CouncillorsLocal Government Act 1972. s175.

Transport*

Power to (a) establish car sharing schemes (b) make grants for bus services, (c) provide taxi-fare concessions; (d) investigate public transport, road use and needs; (e) provide information about public transport services Community Transport SchemesLocal Government and Rating Act 1997, s.26, 28, 29
Powers to make grants for bus servicesTransport Act 1985, s.106A

Village greens

Power to maintain, to make bylaws for and to prosecute for interference with village greensOpen Spaces Act 1906, s 15 Inclosure Act 1857, s 12, Commons Act 1876, s 29

War Memorials

Power to maintain,, repair, protect and adapt war memorials
War Memorials (Local Authorities’ Powers) Act 1923, s.1
as extended by Local Government Act 1948, s 133 

Water Supply

Power to utilise well, spring or stream and to provide facilities for obtaining water there from.Public Health Act 1936, s.125

Where a function is marked with an asterisk *. A council also has the power to give financial assistance to another person or body performing the same function.

NB: Please note that this is a guide to the powers and duties of Parish Councils and does not necessarily represent a comprehensive list of all powers and duties.

Section 137

Where there is no specific power, the council may consider S137 of The Local Government Act 1972 for projects that would benefit the community, subject to limitations of S137 on amounts and benficiaries.

  • Posted: 13th March 2023