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Parish Council Powers

A parish council is a statutory local authority in its own right, having a fairly wide variety of powers conferred by many statutes.

Although its powers are not as extensive as those of county and borough/district councils, a parish council should not be regarded as being subordinate to either of those tiers of local government.

A parish council, being at grass roots level, has an important role in the local government field, representing the community which it is elected to serve.

Function	Power & Duties	Statutory Provisions
Allotments	Duty to provide allotments. Power to improve and adapt land for allotments, and to let grazing rights.	Small Holdings & Allotments Act 1908, ss23,26 and 42
Baths & Washhouses	Power to provide public baths and washhouses	Public Health Act 1936 ss.221, 222, 223 and 227
Burial Grounds, cemeteries and crematoria	Power to acquire and maintain. Power to provide. Power to agree to maintain monuments and memorials. Power to contribute towards expenses of cemeteries	Open Spaces Act 1906, ss. 9 and 10; Local Government Act 1972 s.214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1; Local Government Act 1972 s.214(6)
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, cycle parks, baths and washhouses, open spaces and burial grounds, mortuaries and post mortem rooms	Public Health Act 1875, s. 164 Road Traffic Regulation Act 1984, s.57(7) Public Health Act 1936, s.223 Open Spaces Act 1906, s.15 Public Health Act 1936 s.198
Clocks	Power to provide public clocks	Parish Council Act 1957 s.2
Closed churchyards	Powers as to maintenance	Local Government Act 1972 s.215
Common pastures	Powers in relation to providing common pasture	Smallholdings and Allotments Act 1908, s.34
Community centres	Power to provide and equip buildings for use of clubs having athletic, social or recreational objectives	Local Government (Miscellaneous provisions) Act 1976 s.19
Conference facilities	Power to provide and encourage the use of facilities	Local Government Act 1972, s.144
Crime prevention	Powers to install and maintain equipment and establish and maintain a scheme for detection of prevention of crime	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 the entertainments and support of the arts	Local Government Act 1972 s.145
Gifts	Power to accept	Local Government Act 1972 s.139
Highways	Power to maintain footpaths and bridleways. Power to provide parking places for bicycles and motor-cycles and other vehicles. Power to enter into agreement as to dedication and widening. Power to provide roadside seats and shelters. Power to light roads and public places. Provision of litter bins. Consent of Parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway. Power to complain to highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes. Power to provide traffic signs and other objects or devices warning of danger. Power to plant trees and lay out grass verges etc and to maintain them. Investments Power to participate in schemes of collective investment.	Highways Act 1980, ss.43,50 Parish Councils act 1957, s.3 Highways Act 1980, s.301 Litter Act 1983, ss.5,6 Road Traffic Regulation Act 1984, ss.57,63 Highways Act 1980, ss.30,72 Parish Councils Act 1957, s.1 Highways Act 1980, ss.47,116 Highways Act 1980, s.130 Road Traffic Regulation Act 1984, s.72 Highways Act 1980, s.96 Trustee Investments Act 1961 s.11
Land	Power to acquire by agreement, to appropriate, to dispose of Power to accept gifts of land	Local Government Act 1972 ss. 124,126,127 Local Government Act 1972 s.139
Litter	Provision of receptacles	Litter Act 1983 ss.5,6
Lotteries	Power 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
Open spaces	Power to acquire land and maintain	Public Health Act 1875, s.164 Open Spaces Act 1906, ss.9 and 10
Parish documents	Powers to direct as to their custody	Local Government Act 1972 s.226
Public buildings and village halls	Power to provide buildings for public meetings and assemblies	Local Government Act 1972 s.133
Public conveniences	Power to provide	Public Health Act 1936, s.87
Telecommunications facilities	Power to pay public telecommunications operators any loss sustained providing telecommunications facilities	Telecommunications Act 1984 s.97
Town and country planning	Right to be notified of planning applications	Town and Country Planning Act 1990 Sched.1, para. 8
Tourism	Power to encourage visitors and provide conference and other facilities	Local Government Act 1972, s.144
Traffic calming	Powers to contribute financially to traffic calming schemes	Highways Act 1980, s.274a
Transport	Powers in relation to car-sharing schemes, taxi fare concessions and information about transport. Powers to make grants for bus services	Local Government and Rating Act 1997, s.26, 28 and 29. Transport Act 1985, s106a
War memorials	Power to maintain, repair, protect and alter 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

Last updated: Wed, 21 Sep 2016 15:20