Legal Powers & Duties

The legal powers of the Parish Council are summarised below.  Please feel free to e-mail the council’s Clerk for further information:

FUNCTION LEGAL POWERS & DUTIES STATUTORY PROVISION
Allotments Powers to provide allotments. Duty to consider providing allotment gardens if demand unsatisfied. Smallholdings & Allotments Act 1908, s.23
Baths and wash houses Power to provide public baths and wash houses Public Health Act 1936, ss221, 222, 223 and 227
Burial grounds, cemeteries and crematoria Power to acquire, provide and maintain. Open Spaces Act 1906, ss 9 and 10
Power to agree to maintain monuments and memorials Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s. 1
Power to contribute towards expenses of cemeteries Local Government Act 1972, s. 214
Bus shelters Power to provide and maintain shelters Local Government (Miscellaneous Provisions) Act 1953, s.1 & Parish Councils Act 1957, s.1
Bye laws Power to provide bye laws for:
Pleasure Grounds Public Health Act 1875, s. 164
Cycle parks Road Traffic Regulation Act 1984, s.57(7)
Baths and wash houses Public Health Act 1936, s.223
Open Spaces and burial grounds Open Spaces Act 1906, s.15
Charities Duties regarding parochial charities Charities Act 1993 s. 79
Christmas Lights Power to provide to attract visitors Local Government Act 1972, s.144
Citizens Advice Bureau Power to support Local Government Act 1972, s.142
Clocks Power to provide public clocks Parish Councils Act 1957, s.2
Closed Churchyards Powers to maintain Local Government Act 1972, s.215
Commons and common pastures Powers in relation to enclosure,  Regulation and management and providing common pasture Inclosure Act 1845 & Local Government Act 1894, s.8(4) & Smallholdings and Allotments Act 1908, s.34
Conference facilities Power to provide and encourage the use of facilities Local Government Act 1972, s.144
Community  centres Power to provide and equip Community buildings Local Government Act 1972, s.133
Power to provide buildings for use of clubs having athletic, social or educational objectives Local Government (Miscellaneous Provisions) Act 1976, s.19
Crime prevention Powers to spend money on various crime prevention measures Local Government and Rating Act 1997, s.31
Drainage Power to deal with ponds and ditches Public Health Act 1936, s.260
Entertainment and the Arts Provision of entertainment and support of the arts including festivals and celebrations Local Government Act 1972, s.145
Gifts Power to accept Local Government Act 1972, s.139
Highways Power to repair and maintain public footpaths and bridle-ways. Highways Act 1980, sections 43, 50
Power to light roads and public places. Parish Councils Act 1957, s.3; Highways Act 1980, s.301.
Provision of litter bins Litter Act 1983, ss.5,6
Power to provide parking places for vehicles, bicycles and motor-cycles Road Traffic Regulation Act 1984, ss.57,63
Power to enter into agreement as to dedication and widening. Highways Act 1980, ss.30,72
Power to provide roadside seats and shelters, and omnibus shelters. Parish 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 highway. Highways Act 1980, ss.47,116
Power to complain to district council as to protection of rights of way and roadside wastes. Highways Act 1980, s.130
Power to provide certain traffic signs and other notices. Road Traffic Regulation Act 1984, s.72
Power to plant trees etc. and to maintain roadside verges. Highways Act 1980, s.96
Honorary titles Power to admit to be honorary freemen/freewomen of the council’s area persons of distinction and persons who have, in the opinion of the authority, rendered eminent services to that place or area. Local Government Act 1972, s.249(5), s.249(9)
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 of Local Government Act 1972, ss.124, 126, 127
Power to accept gifts of land Local Government Act 1972, s.139
Litter Provision of receptacles Litter Act 1983, ss.5,6
Lotteries Powers to promote Gambling Act 2005, s.252,258
Markets Power to establish or acquire by agreement markets within their area and provide a market place and market buildings Food Act 1984, s.50
Mortuaries and post mortem rooms Powers to provide mortuaries and post mortem rooms. Public Health Act 1936, s.198
Newsletters Power to provide information relating to matters affecting local government Local Government Act 1972, s.142
Nuisances Power to deal with offensive ditches Public Health Act 1936, s.260
Open Spaces Power to acquire and maintain land for public recreation Public Health Act 1875, s.164
Power to acquire and maintain land for open spaces Open Spaces Act 1906, ss.9 and 10
Parish Property and documents Powers to direct as to their custody. Local Government Act 1972, s.226
Duty to deposit certain published works in specific deposit libraries. Legal Deposit Libraries Act 2003, s.1
Public buildings and village hall Power to acquire and provide buildings for public meetings and assemblies Local Government Act 1972, s.133
Public Conveniences Power to provide Public Health Act 1936, s.87
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, s.164 & Local Government Act 1972, Sched.14 para.27 & Public Health Acts Amendment Act 1890, s.44 & Open Spaces Act 1906, ss.9 and 1
Power to provide a wide range of recreational facilities Local Government (Miscellaneous Provisions) Act 1976, s.19
Provision of boating pools. Public Health Act 1961, s.54
Town & Country Planning Right to be notified of planning applications if right has been requested Town & Country Planning Act 1990, Sched.1, para 8
Tourism Power to contribute to organisations encouraging tourism Local Government Act 1972, s.144
Traffic Calming Powers to contribute financially to traffic calming schemes Local Government and Rating Act 1997, s.30
Transport Powers to spend money on community transport schemes Local Government and Rating Act 1997, ss.26-29
War Memorials Power to maintain, repairs, 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 from them Public Health Act 1936, s.125
Websites Power for councils to have their own websites Local Government Act 1972, s.142
Well-being Power for (eligible) parish councils to do anything they believe is likely to achieve the promotion or improvement of the economic and/or social and/or environmental well-being of their area Local Government Act 2000, s.2 amended by the Local Government and Public Involvement in Health Act 2007, s.77

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