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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