Powers & Duties
Powers & Duties of Parish Councils
Parishes are the smallest areas of civil administration in England and provide the tier of local government closest to the people.
Town and Parish Councils are an essential part of the structure of local democracy and have a vital role in acting on behalf of the communities they represent.
Parish Councils have a wide range of powers and duties.
Duties: A duty is an activity that must be carried out (Mandatory) e.g. local councils must appoint a chairman and a clerk.
Powers: Statutory powers, granted by Parliament give local councils the choice or opportunity to take action and are therefore discretionary.
The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised below. Each description is intended to be a general indication and it is not a complete list of every single power and duty.
Like all powers given to public bodies the powers of local councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body i.e. the Borough Council. Local Councils must also exercise their powers subject to the provisions of the general law.
The following table describes the powers and duties held by local councils for a number of functions. It also provides details of the regulations under which statutory provisions are made. Information on all these details are available from the parish council Clerk. 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.
Functions | Powers and Duties |
|---|---|
Agency Arrangements | Power to arrange for the discharge of functions by another local authority |
Allotments | Powers to provide allotments Duty to provide allotment gardens if demand unsatisfied |
Archives | Power to make records held available to the public and support local archives |
Baths and Washhouses | Power to provide public baths and washhouses |
Borrowing | Power to borrow money for statutory functions |
Burial Grounds, Cemeteries and crematoria* | Power to acquire and maintain |
Power to provide | Local Government Act 1972, s.214 |
Power to agree to maintain monuments end memorials | Parish Council and Burial Authorities (Miscellaneous Provisions) Act 19970, s. 1 |
Power to contribute towards expenses of cemeteries | Local Government Act 1972 |
Bus Shelters | Power to provide and maintain |
Bye Laws | Power to make byelaws for public walks and pleasure ground |
Cycle Parks | Road Traffic Regulation Act 1984 s.57 (7) |
Swimming pools, bathing places, baths and washhouses | Public Health Act 1936, s 223 |
Open Spaces and Burial Grounds | Open Spaces Act 1906 ss 12 and 15 |
Mortuaries and post-mortem rooms | Public Health Act 1936 s. 198 |
Public Bathing | Public Health Act 1936 s. 231 |
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 |
Power to appoint trustees of parochial charities | Charities Act 1993, s 79 |
Clocks* | Power to provide public clocks |
Closed Churchyards | Powers (and sometimes duty) as to maintain |
Commons Land and Common Pastures | Powers in relation to inclosure as to regulation and management and as to providing common pasture |
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 |
Consultation | Right to be consulted by principal councils if directed by Secretary of State (England) of by Welsh Assembly (Wales) |
Community Centres and Village Halls | Power to provide and equip premises for use of clubs having athletic, social or educational objectives |
Crime Prevention* | Powers to spend money on various crime prevention measures |
Power to (a) install equipment, (b) establish schemes and (c) assist others in so doing for the prevention of crime | Local Government and Rating Act 1997, s 31 |
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 |
Drainage | Power to deal with ponds/ditches |
Education | Right to appoint governors of primary schools |
Entertainment and the Arts* | Provision of entertainment and support of the arts |
Environment | Power to act for the benefit of the community by tackling and promoting awareness of environmental issues |
Flagpoles | Power to erect flagpoles in highways |
"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 |
Gifts | Power to accept |
Highways | Power to repair and maintain footpaths and bridleways |
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, 5 and 6 |
Power to provide parking places for vehicles, bicycles and motorcycles | Road Traffic Regulation Act 1984, ss 57 and 63 |
Power to enter into an agreement as to dedication and widening | Highways Act 1980. ss 30 and 72 |
Power to provide roadside 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 waste | |
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 |
Power to prosecute for unlawful ploughing of a footpath or bridleway | Highways Act 1980, s 130 Highways Act 1980, s 134 |
Investments | Power to participate in schemes of collective investment |
Land | Power to acquire land by agreement, to appropriate land and to dispose of |
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 |
By permission of Sherfield-on-Loddon Parish Council
