Foxt, Berkhamsytch, Bottomhouse, Winkhill, Froghall & Consall Forge

Powers and Duties

Powers and Duties of Local Councils

Local Councils have a wide range of powers and duties.

The following table sets out the main ones; it is not a complete list of every single power and duty.

 

Function Powers and Duties Statutory Provisions
Allotments Duty to provide allotments.Power to improve and adapt land for allotments, and to let grazing rights Small Holdings & Allotments Act 1908, ss. 23,26, and 42
Burial Grounds,Cemeteries and Crematoria Power to acquire and maintainPower to providePower to agree to maintain monuments and memorialsPower to contribute towards expenses of cemeteries Open Spaces Act 1906, Ss9 & 10; Local Government Act 1972,s 214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s 1Local Government Act 1972, s 214(6)
Bus Shelters Power to provide and maintain shelters Local Government (Miscellaneous Provision) Act 1953, s 4
Bye-laws Power to make bye-laws in regard to pleasure groundsCycle parksBaths and WashhousesOpen spaces and burial grounds

Mortuaries and post-mortem rooms

Public Health Act 1875, s 164Road Traffic Regulation Act 1984 s57(7)Public Health Act 1936, s223Open Spaces Act 1906, s 15

Public Health Act 1936,s 198

Clocks Power to provide public clocks Parish Councils Act 1957, s 2
CommunitycentresConduct Power to provide and equip buildings for use of clubs having athletic, social or recreational objectives.Duty to promote and maintain high standards of conduct Local Government (Miscellaneous Provisions) Act 1976 s 19Localism Act 2011, s 27
Crime Prevention Powers to install and maintain equipment and establish and maintain a scheme for detections or prevention of crime Local Government and Rating Act 1997, s 31
Power to contribute to police services e.g PCSOs Police Act 1996, s 92
Duty on Parish Councils to consider crime reduction in every policy and action s17 Crime and Disorder Act 1998 (as amended)
Drainage Power to deal with ponds and ditches Public Health Act 1936, s 260
Dogs Power to make a Dog Control Order Power to take enforcement action against those who commit an offence against a Dog Control Order Cleaner neighbourhoods and Environment Act 2005
Entertainment and the arts Provision of entertainment and support of the arts Local Government Act 1972, s 145
Flyposting and Graffiti.  General Power of Competence Power to take enforcement action against those that flypost or graffitiPower to do anything that a individual may do (eligible Councils only) Cleaner Neighbourhoods and Environment Act 2005Localism Act 2011, s 1
Gifts Power to accept Local Government Act 1972, s. 139
Highways Power to maintain footpaths and bridlewaysPower to light roads and public placesProvision of litter binsPowers to provide parking places for bicycles and motor-cycles, and other vehicles

Power to enter into agreement as to dedication and widening

Power to provide roadside seats snd shelters

Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or  diversion of highway.

Power to complain to Highway Authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes

Power to provide traffic signs and other objects or devices warning of danger

Power to plant trees and lay out grass verges etc. and to maintain them

Highways Act 1980, ss. 43,50Parish Councils Act 1957, s 3;Highways Act 1980, s. 301Litter Act 1983, ss. 5,6

Road Traffic Regulation Act 1984. ss 57,63

Highways Act 1980, ss. 30,72

Parish Councils Act 1957, s 1

Highways Act 1980 ss.47,116

Highways Act 1980, s. 130

Road Traffic Regulation Act 1984, s72

Highways Act 1980, s.96

Investments Power to participate in schemes of collective investment Trustee Investments Act 1961, s 11
Land Power to acquire by agreement, to appropriate, to dispose ofPower to accept gifts of land Local Government Act 1972, ss 124, 126, 127Local Government Act 1972, s.139
Litter Provision of receptaclesPower to take enforcement action against those that litter Litter Act 1983, ss. 5,6Cleaner Neighbourhoods and Environment Act 2005
Lotteries Power to promote Lotteries and Amusements Act 1976 s7
Miscellaneous Payments The power for the parish council to spend money on any purpose which in its opinion is of direct benefit to its area or inhabitants, where it is not covered by a specific power.  There is a limit of the amount that may be spent in a financial year. Currently £3.50 per local government elector in the parish Local Government Act 1972 (Miscellaneous Payments)
Neighbourhood Planning Power to create Neighbourhood Plan and other development mechanisms Localism Act, s 116
Open Spaces Power to acquire land and maintain Public Health Act 1875, s164Open Spaces Act 1906, ss 9 & 10
Parish Documents Powers to direct as to their custody Local Government Act 1972, s226
Public Buildings and village hall Power to provide buildings for public meetings and assemblies Local Government Act 1972, s 133
Public Conveniences Power to provide Public Health Act 1936, s 87
Sustainable Communities Able to be represented on a panel of representatives to be consulted on proposals that would contribute to sustainable communities Sustainable Communities Act 2007
Town and Country Planning Right to  be notified of planning applications Town and Country Planning Act 1990,Sched. 1, para. 8
Tourism Power to encourage visitors and provide conference and other facilities Local Government Act 1972, s 144
Traffic Calming Powers to contribute financially to traffic calming schemes Highways Act 1980, s 274A
Transport Powers in relation to car-sharing schemes, taxi fare concessions and information about transportPowers to make grants for bus services Local Government and Rating Act 1997, s.26,28 and 29Transport Act 1985, s. 106A
War Memorials Power to maintain, repair, protect and alter 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 from them Public Health Act 1936, s.125