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Council Duties

Below is a table listing the main functions and responsibilies of a parish council. This list is only intended as a guide to some of the functions with the most commonest used powers highlighted for ease of reference

Function

Powers & Duties

Statutory Provisions

Allotments

Powers to provide allotments.

Small Holding & Allotments Act 1908, ss. 23, 26, and 42

Duty to provide allotment gardens if demanded unsatisfied

 

Baths and Washhouses

Power to provide public baths and washhouses

 

Public Health At 1936, Ss 221, 222, 223 and 227

Burial grounds, cemeteries and crematoria

Power to contribute towards expenses of cemeteries

Local Government Act 1972

Power to acquire and maintain

Open Spaces Act 1906, ss 9 and 10
Local Government Act 1972, s 214

Power to provide           

Local Government Act 1972, s.214

Power to agree to maintain monuments and memorials

 

Parish Council and Burial Authorities (Miscellaneous Provisions) Act 1970, s. 1

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 grounds

Public Health Act 1875, s. 164

Cycle Parks

Road Traffic Regulation Act 1984, s.57(7)

Baths and Washhouses

Public Health Act 1936, s.223

Open spaces and burial grounds

Open Spaces Act 1906, s.15

Mortuaries and post-mortem rooms

Public Health Act 1936, s.198

Hiring of pleasure boats in parks and pleasure grounds

 

Public Health Amendments Act 1907, s 44(2):

Public Health Act 1961, s54

 

Charities

Duty to receive accounts of parochial charities

Charities Act 1960, s. 32

Power to appoint trustees of parochial charities

 

Charities Act 1993, s. 79

Clocks

Power to provide public clocks

 

Parish Councils Act 1957, s. 2

Closed Churchyards

Powers as to maintenance

 

Local Government Act 1972, s.215

Commons and common pastures

Powers in relation to inclosure as to regulation and management and as to providing common pasture

Inclosure Act 1845;

Local Government Act 1984, s 8(4);

Smallholding and Allotments Act 1908, s.34

Power to protect unclaimed common land from unlawful interference

Commons Registration Act 1965,s.9

Power to manage commons and village greens under a district council scheme

 

Commons Act 1899, ss 4 & 5

Conference facilities

Power to provide and encourage the use of facilities

 

Local Government Act 1972, s.144

Community centres

Power to provide and equip 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

Power to :
(a) install equipment,
(b) establish schemes and
(c) assist others in so doing for the prevention of crime

 

Delegation

Power to assume a function delegated by another authority

Local Government Act 1972, ss. 101, 111 and 112

Power to ensure effective discharge of Council functions

Power to employ someone to carry out Council functions

 

Drainage

Power to deal with ponds and ditches

 

Public Health Act 1936, s.260

Education

Right to appoint school governors

 

Education (No.2) Act 1986, s.4

Entertainment and the arts

Provision of entertainment and support of the arts

 

Local Government Act 1972, s.145

Flagpoles

Power to erect flagpoles in highways

 

Highways Act 1980, s 144

" Free Resource"

Power to incur expenditure not otherwise authorised on anything which in the council's opinion is in the interests of the area or part of it or all or some of the inhabitants

 

Local Government Act 1972, s139

Gifts

Power to accept

 

Local Government Act 1972, s.139

Highway

Power to repair and maintain public footpaths and bridle-ways

Highways Act 1980, ss 43 and 50

Power to light roads and public places

Parish Councils Act 1957 s 3:
Highways Act 1980, s 301:
Local Government Act 1972, Sched. 14 para 27

Provision of litter bins

Litter Act 1983, ss. 5 and 6

Power to provide parking places for vehicles, bicycles and motor-cycles

Road Traffic Regulation Act 1984, ss 57 and 63

Power to enter into agreement as to dedication and widening

Highways Act 1980. ss 30 and 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 and 116

Power to complain to district council as to protection of rights of way and roadside wastes

Power to complain to local highway authority that a highway is unlawfully stopped up or obstructed

Power to prosecute for unlawful ploughing of a footpath or bridleway

Highways Act 1980, ss 130 and 134

Power to provide traffic signs and other notices

Highways Act 1980, s 130

Power to plant trees etc. and to maintain roadside verges

 

Road Traffic Regulation Act 1984, s 72;
Countryside Act 1968

Highways Act 1980, s 96

 

Investments

Power to participate in schemes of collective investment

 

Trustee Investments Act 1961, s.11

Land

Power to acquire land by agreement, to appropriate land and to dispose of

Local Government Act 1972, ss 124, 126 and 127

Power to accept gifts of land

Local Government Act 1972 s. 139

Power to acquire land by compulsory purchase

Local Government Act 1972, s. 125

Power to obtain particulars of persons interested in land

Local 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 them

 

 

Public Health Act 1875, s. 16;
Local Government Act 1972, Sched. 14, para 27;
Public Health Acts Amendment Act 1980, s. 44;
Open Spaces Act 1906, ss 9 and 10;
Local Government (Miscellaneous Provisions) Act 1976, s. 19

Litter / Dog Fouling

Provision of receptacles
 Obliged to keep own land free of litter and dog fouling

 

Litter Act 1983, ss 5 and the Environmental Protection Act 1990;
Litter (Animal Droppings) Order 1991

Lotteries

Powers to promote

 

Lotteries and Amusements Act 1976, s. 7

Mortuaries and post mortem rooms

 

Powers to provide mortuaries and post mortem rooms

Public Health Act 1936, s. 198

Nature Reserves

Power to designate nature reserves and marine nature reserves - English Nature can designate sites of specific scientific interest

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

Powers to make management agreements with landowners and the English Nature to manage council-owned reserve land as a nature reserve

 

Nuisances

Powers to make management agreements with landowners and the English Nature to manage council-owned reserve land as a nature reserve

 

Public Health Act 1936, s.260

Open spaces

Power to acquire land and maintain

Public Health Act 1875, s 164;
Open Spaces Act 1906, ss 9 and 10;
 Commons Act 1899

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 1980, s 44;
Open Spaces Act 1906, ss 9 and 10;
Local Government (Miscellaneous Provisions) Act 1976, s 19.

 

Parish Property and documents

 

Powers to direct as to their custody

Local Government Act 1972, s. 226

Public buildings and village hall

 

Power to provide buildings for offices and 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 Acts 1890, s 44;
Open Spaces Act 1906, ss 9 and 10;
Local Government (Miscellaneous Provisions) Act 1976, s 19;
Commons Act 1899

Power to provide gymnasiums, playing fields, holiday camps

Provision of boating pools

 

Public Health Act 1962, s 54

Town and Country Planning

 

Right to be notified and consulted on planning applications

Town and Country Planning Act 1990, Sched.1, para.8

Tourism

 

Power to contribute to organisiations encouraging

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

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 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 therefrom

Public Health Act 1936, s.125