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Powers & Duties of a Council

The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised here as a guide to Councillors and others.

Each description is brief and is intended to be a general indication. 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.

The following table describes the powers and duties held by local councils for a number of functions along with 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.

Powers & Duties of a Council

Function Powers and Duties Statutory Powers
Allotments Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied Small Holdings Allotments Act 1908 ss 23, 26 and 42
Archives Power to make records held available to the public and to support local archives Local Government Records Act 1962 ss1 & 4
Baths & Washhouses Power to provide public baths and washhouses Public Health Act 1936 ss221, 222, 223 & 227
Burial Grounds, Cemeteries and Crematoria * Power to acquire and maintain
Power to provide 		Open Spaces Act 1906 ss9 & 10
Local Government Act 1972 s214
'' Power to agree to maintain monuments and memorials Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 s1
'' Power to contribute towards expenses of cemeteries Local Government Act 1972 s214 (6)
Bus Shelters Power to provide and maintain shelters Local Government (Miscellaneous Provisions) Act 1953 s4
Bye Laws Powers to make Bye Laws in regards to pleasure grounds Public Health Act 1875 s164
Cycle Parks Road Traffic Regulation Act 1984 s57
Open Spaces and Burial Grounds Open Spaces Act 1906 ss12 & 15
Car Sharing Schemes Power to establish, maintain and assist others Local Government and Rating Act 1997 s26
Charities Duty to receive accounts of parochial charities Charities Act 1960 s32
Clocks * Power to provide public clocks Parish Councils Act 1957 s2
Closed Churchyards Powers as to maintenance Local Government Act 1972 s215
Commons and Common Pastures Powers in relation to enclosure, as to regulation and management, and as to providing common pasture Enclosure Act 1845;
Local Government Act 1894 s8(4);
Smallholdings & Allotments Act 1908 s34;
Commons Act 1899
Conference Facilities * Power to provide and encourage the use of facilities Local Government Act 1972 s144
Community Centres and Village Halls Power to provide and equip buildings for use of clubs having athletic, social or educational objectives Local Government (Miscellaneous Provisions) Act 1976 s19
Crime Prevention * Powers to spend money on various crime prevention measures Local Government and Rating Act 1997, s31
Delegated Functions Power to assume a function delegated by another authority
Power to ensure effective discharge of Council functions
Power to employ persons to carry out Council functions 		Local Government Act 1972 ss101, 111 & 112
Drainage Power to deal with ponds/ditches, agreements with landowners and with English Nature to manage Council-owned reserve land as a nature reserve Public Health Act 1936 s260
General Power of Competence Power for an eligible council to do anything subject to statutory prohibitions, restrictions and limitations which include those in place before or after the introduction of the general power of competence Localism Act 2011, ss1-8
Legal Proceedings Power to prosecute or defend Local Government Act 1972 s222
Listed Buildings Power to contribute to the preservation of historic buildings Essex Act 1987 s48
Litter * and dog fouling Provision of receptacles.
Obliged to keep own land free of litter and dog faeces 		Litter Act 1983, ss 5 an Environmental Protection Act 1990;
Litter (Animal Droppings) Order 1991
Lotteries Power to promote Lotteries & Amusements Act 1976 s7
Mortuaries and Post-Mortem Rooms Powers to provide mortuaries and post-mortem rooms Public Health Act 1936 c198
Nuisances Power to deal with offensive ditches Public Health Act 1936 s260
Open Spaces Power to acquire land and maintain Public Health Act 1975 s164;
Open Spaces Act 1906 ss9 & 10;
Commons Act 1899
Parish Property and Records Powers to direct as to their custody Local Government Act 1972 s226
Planning Right to be notified of and power to respond to planning applications Town & Country Planning Act 1990 s1 ss8;
Local Government Act 1972 s15 ss20
Postal and telecommunications facilities Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained in providing post or telegraph office or telecommunications facilities Post Office Cat 1953 s51;
Telecommunications Act 1984 s97
Public Buildings and Village Halls Power to provide Public Health Act 1936 s87
Public Conveniences Power to provide as above
Public Enquiries Power to make representations at public enquiries Local Government Act 1982 s222
Publicise Functions Powers to publicise council and local authority functions Local Government Act 1982 s142
Raising of Finances Power to raise money through the precept Local Government Act 1982 s150
Recreation * Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them
Power to provide gymnasiums, playing fields and holiday camps 		Public Health Act 1875 s164; Local Government Act 1972 s14 ss27;
Public Health Acts Amendments Acts 1890 s44;
Open Spaces Act 1906 ss9 & 10;
Local Government (Miscellaneous Provisions) Act 1976 s19;
Commons Act 1899
"" Provision of boating pools Public Health Act 1961 s54
Taxi Fare Concessions Power to reimburse operator Local Government and Rating Act 1997 s28
Tourism * Power to contribute to organisations encouraging Local Government Act 1972 s144
Transport and Traffic Power to conduct surveys to establish the transport needs of the community, the use of and need for roads and the management and control of traffic Local Government and Rating Act 1997 s29
"" Power to collect and disseminate passenger transport information and make grants for bus services Local Government and Rating Act 1997 s29 (2) 27
"" Powers to contribute financially to traffic calming schemes Local Government and Rating Act 1997 s26
Training Powers to train Councillors Local Government Act 1972 s175
Transport * Powers to spend money on community transport schemes Local Government and Rating Act 1997 ss26-29
War Memorials Power to maintain, repair and adapt war memorials War Memorials (Local Authorities Powers) Act 1923 s1 as extended by Local Government Act 1948 s123
Water Supply Powers to utilise well, spring or stream and to provide facilities for obtaining water there from Public Health Act 1936 s125
Function
Allotments
Powers and Duties
Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied
Statutory Powers
Small Holdings Allotments Act 1908 ss 23, 26 and 42
Function
Archives
Powers and Duties
Power to make records held available to the public and to support local archives
Statutory Powers
Local Government Records Act 1962 ss1 & 4
Function
Baths & Washhouses
Powers and Duties
Power to provide public baths and washhouses
Statutory Powers
Public Health Act 1936 ss221, 222, 223 & 227
Function
Burial Grounds, Cemeteries and Crematoria *
Powers and Duties
Power to acquire and maintain
Power to provide
Statutory Powers
Open Spaces Act 1906 ss9 & 10
Local Government Act 1972 s214
Function
''
Powers and Duties
Power to agree to maintain monuments and memorials
Statutory Powers
Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 s1
Function
''
Powers and Duties
Power to contribute towards expenses of cemeteries
Statutory Powers
Local Government Act 1972 s214 (6)
Function
Bus Shelters
Powers and Duties
Power to provide and maintain shelters
Statutory Powers
Local Government (Miscellaneous Provisions) Act 1953 s4
Function
Bye Laws
Powers and Duties
Powers to make Bye Laws in regards to pleasure grounds
Statutory Powers
Public Health Act 1875 s164
Powers and Duties
Cycle Parks
Statutory Powers
Road Traffic Regulation Act 1984 s57
Powers and Duties
Open Spaces and Burial Grounds
Statutory Powers
Open Spaces Act 1906 ss12 & 15
Function
Car Sharing Schemes
Powers and Duties
Power to establish, maintain and assist others
Statutory Powers
Local Government and Rating Act 1997 s26
Function
Charities
Powers and Duties
Duty to receive accounts of parochial charities
Statutory Powers
Charities Act 1960 s32
Function
Clocks *
Powers and Duties
Power to provide public clocks
Statutory Powers
Parish Councils Act 1957 s2
Function
Closed Churchyards
Powers and Duties
Powers as to maintenance
Statutory Powers
Local Government Act 1972 s215
Function
Commons and Common Pastures
Powers and Duties
Powers in relation to enclosure, as to regulation and management, and as to providing common pasture
Statutory Powers
Enclosure Act 1845;
Local Government Act 1894 s8(4);
Smallholdings & Allotments Act 1908 s34;
Commons Act 1899
Function
Conference Facilities *
Powers and Duties
Power to provide and encourage the use of facilities
Statutory Powers
Local Government Act 1972 s144
Function
Community Centres and Village Halls
Powers and Duties
Power to provide and equip buildings for use of clubs having athletic, social or educational objectives
Statutory Powers
Local Government (Miscellaneous Provisions) Act 1976 s19
Function
Crime Prevention *
Powers and Duties
Powers to spend money on various crime prevention measures
Statutory Powers
Local Government and Rating Act 1997, s31
Function
Delegated Functions
Powers and Duties
Power to assume a function delegated by another authority
Power to ensure effective discharge of Council functions
Power to employ persons to carry out Council functions
Statutory Powers
Local Government Act 1972 ss101, 111 & 112
Function
Drainage
Powers and Duties
Power to deal with ponds/ditches, agreements with landowners and with English Nature to manage Council-owned reserve land as a nature reserve
Statutory Powers
Public Health Act 1936 s260
Function
General Power of Competence
Powers and Duties
Power for an eligible council to do anything subject to statutory prohibitions, restrictions and limitations which include those in place before or after the introduction of the general power of competence
Statutory Powers
Localism Act 2011, ss1-8
Function
Legal Proceedings
Powers and Duties
Power to prosecute or defend
Statutory Powers
Local Government Act 1972 s222
Function
Listed Buildings
Powers and Duties
Power to contribute to the preservation of historic buildings
Statutory Powers
Essex Act 1987 s48
Function
Litter * and dog fouling
Powers and Duties
Provision of receptacles.
Obliged to keep own land free of litter and dog faeces
Statutory Powers
Litter Act 1983, ss 5 an Environmental Protection Act 1990;
Litter (Animal Droppings) Order 1991
Function
Lotteries
Powers and Duties
Power to promote
Statutory Powers
Lotteries & Amusements Act 1976 s7
Function
Mortuaries and Post-Mortem Rooms
Powers and Duties
Powers to provide mortuaries and post-mortem rooms
Statutory Powers
Public Health Act 1936 c198
Function
Nuisances
Powers and Duties
Power to deal with offensive ditches
Statutory Powers
Public Health Act 1936 s260
Function
Open Spaces
Powers and Duties
Power to acquire land and maintain
Statutory Powers
Public Health Act 1975 s164;
Open Spaces Act 1906 ss9 & 10;
Commons Act 1899
Function
Parish Property and Records
Powers and Duties
Powers to direct as to their custody
Statutory Powers
Local Government Act 1972 s226
Function
Planning
Powers and Duties
Right to be notified of and power to respond to planning applications
Statutory Powers
Town & Country Planning Act 1990 s1 ss8;
Local Government Act 1972 s15 ss20
Function
Postal and telecommunications facilities
Powers and Duties
Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained in providing post or telegraph office or telecommunications facilities
Statutory Powers
Post Office Cat 1953 s51;
Telecommunications Act 1984 s97
Function
Public Buildings and Village Halls
Powers and Duties
Power to provide
Statutory Powers
Public Health Act 1936 s87
Function
Public Conveniences
Powers and Duties
Power to provide
Statutory Powers
as above
Function
Public Enquiries
Powers and Duties
Power to make representations at public enquiries
Statutory Powers
Local Government Act 1982 s222
Function
Publicise Functions
Powers and Duties
Powers to publicise council and local authority functions
Statutory Powers
Local Government Act 1982 s142
Function
Raising of Finances
Powers and Duties
Power to raise money through the precept
Statutory Powers
Local Government Act 1982 s150
Function
Recreation *
Powers and Duties
Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them
Power to provide gymnasiums, playing fields and holiday camps
Statutory Powers
Public Health Act 1875 s164; Local Government Act 1972 s14 ss27;
Public Health Acts Amendments Acts 1890 s44;
Open Spaces Act 1906 ss9 & 10;
Local Government (Miscellaneous Provisions) Act 1976 s19;
Commons Act 1899
Function
""
Powers and Duties
Provision of boating pools
Statutory Powers
Public Health Act 1961 s54
Function
Taxi Fare Concessions
Powers and Duties
Power to reimburse operator
Statutory Powers
Local Government and Rating Act 1997 s28
Function
Tourism *
Powers and Duties
Power to contribute to organisations encouraging
Statutory Powers
Local Government Act 1972 s144
Function
Transport and Traffic
Powers and Duties
Power to conduct surveys to establish the transport needs of the community, the use of and need for roads and the management and control of traffic
Statutory Powers
Local Government and Rating Act 1997 s29
Function
""
Powers and Duties
Power to collect and disseminate passenger transport information and make grants for bus services
Statutory Powers
Local Government and Rating Act 1997 s29 (2) 27
Function
""
Powers and Duties
Powers to contribute financially to traffic calming schemes
Statutory Powers
Local Government and Rating Act 1997 s26
Function
Training
Powers and Duties
Powers to train Councillors
Statutory Powers
Local Government Act 1972 s175
Function
Transport *
Powers and Duties
Powers to spend money on community transport schemes
Statutory Powers
Local Government and Rating Act 1997 ss26-29
Function
War Memorials
Powers and Duties
Power to maintain, repair and adapt war memorials
Statutory Powers
War Memorials (Local Authorities Powers) Act 1923 s1 as extended by Local Government Act 1948 s123
Function
Water Supply
Powers and Duties
Powers to utilise well, spring or stream and to provide facilities for obtaining water there from
Statutory Powers
Public Health Act 1936 s125