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Hurstpierpoint & Sayers Common
Parish Council

About

The duties (things which a council must do) and powers (things which it may do) which have been vested in Parish Councils by Acts of Parliament are summarised below.

More detail is available by reference to the relevant legislation. Local Councils must exercise their powers also subject to the provisions of the general law (for example planning permission is necessary for a sports pavilion) and the rules on lawful decision-making.

Function Powers & Duties Statutory Provisions
AllotmentsPowers to provide allotments. Duty to provide allotment
gardens if demand unsatisfied
Small Holdings & Allotment Act 1908, ss.23, 25 and
42
Baths and WashhousesPower to provide public baths and washhousesPublic 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.125(6)

Bus SheltersPower to provide and maintain sheltersLocal Government (Miscellaneous Provisions) Act 1953,
s.4
Bye LawsPower to make byelaws regarding 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

CharitiesCo-operation with charities Participation in charitiesCharities Act 2011 s 297

Local Government Act 1972 s 139(1)(b)

ClocksPower to provide public clocksParish Councils Act 1957, s.2
Closed ChurchyardsPowers as to maintenanceLocal Government Act 1972, s.215
Commons and common pasturesPowers in relation to inclosure, as to regulation and
management, and as to providing common pasture
Inclosure Act 1845;

Local Government Act 1894, s 8(4).

Smallholdings and Allotments Act

1908, s.34

Commons Act 2006 s 45

Conference FacilitiesPower to provide and encourage the use of facilitiesLocal Government Act 1972, s.144
Community CentresPower to provide and equip buildings for use of clubs
having athletic, social or education objectives
Local Government (Miscellaneous Provisions) Act 1976,
s.19
Community Right to bid (Assets of

Community Value)

Right to nominate assets of community valueLocalism Act 2011 ss 87-108
Community Right to challengeRight to induce a procurement exerciseLocalism Act 2011 ss81-86
Crime PreventionPowers to spend money on various crime prevention
measures
Local Government and Rating Act 1997, s.31
DrainagePower to deal with ponds and ditchesPublic Health Act 1936, s.260
Entertainment and the artsProvision of entertainment and support of the artsLocal Government Act 1972, s.145
GiftsPower to acceptLocal Government Act 1972, s.139
GrantsPower to make grantsLocalism Act 2011 s 1, Local

Government Act 1972 ss 137(1),

137(3) (charities), 145, Local Government
(Miscellaneous

Provisions) Act 1976 s 19

(recreational facilities)

Transport Act 1985 s 106A (bus services)

HighwaysPower to repair and maintain public footpaths and
bridleways

Power to light road and public places

Power to provide parking places for vehicles, bicycles
and motorcycles

Power to enter into agreement as to dedication and
widening

Power to provide roadside seats and shelters, and
omnibus shelters

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

Power to provide traffic signs and other notices

Power to plant trees etc. and to maintain roadside
verges

Highways Act 1980, ss.43, 50

Parish Councils Act 1957, s.3;

Highways Act 1980, s.301

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

InvestmentsPower to participate in schemes of collective
investments
Trustee Investments Act 1961, s.11
LandPower 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

LitterProvision of receptaclesLitter Act 1983, ss.5, 6
LotteriesPowers to participate in lotteriesGambling Act 2005 ss 98, 99
MarketsPower to provide marketFood Act 1984 Pt 3
Mortuaries and post mortem roomsPowers to provide mortuaries and post mortem roomsPublic Health Act 1936, s.198
Neighbourhood PlanningPower to promote neighbourhood plans and neighbourhood
planning orders
Town and Country Planning Act 1990 (as amended)
NuisancesPower to deal with offensive ditchesPublic Health Act 1936, s.260
Open SpacesPower to acquire land and maintainPublic Health Act 1875, s.164 Open Spaces Act 1906,
ss.9, 10
Parish Property and documentsPowers to deal direct as to their custodyLocal Government Act 1972, s.226
Public Buildings and village hallPower to provide buildings for offices and for public
meetings and assemblies
Local Government Act 1972, s.133
Public ConveniencesPower to providePublic Health Act 1936, s.87
RecreationPower to acquire land or to provide recreation grounds,
public walks, pleasure grounds and open spaces and to
manage and control them

Power to provide recreational facilities

Provision of boating pools

Public Health Act 1875, s.164

Public Health Acts 1875-1961

Open Spaces Act 1906

Local Government (Miscellaneous

Provisions) Act 1976, s.19

Public Health Act 1961, s.54

Town and Country PlanningRight to be notified of planning applications

Initiation of neighbourhood planning orders

Initiation of neighbourhood development plans

The right to be consulted before submission of certain
planning applications

Town and Country Planning Act

1990, sch. 1, para.8

Town and Country Planning Act 1990

(as amended) s 61E

Planning and Compulsory Purchase

Act 2004 s 38A

Town and Country Planning Act 1990

(as amended) s 61W

TourismPower to contribute to organisations encouragingLocal Government Act 1972, s.144
Traffic CalmingPowers to contribute financially to traffic calming
schemes
Highways Act 1980 s 274A
TransportPowers to spend money on community transport schemesLocal Government and Rating Act 1997 ss.26-29
War MemorialsPower 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
General Expenditure Power – Section 137(1) Local Government Act 1972. In any situation not covered by one of the specific powers described above, a council may spend money on any purpose which in its opinion is of direct benefit to its area or to the inhabitants. The total expenditure by the council on all the cases under its general power must not in any financial year exceed the set value per elector multiplied by the number of local government electors in the parish or town.
General Power of Competence – Part 1 of the Localism Act 2011. An adoptable power enabling a council to do anything which a natural person can do subject to any pre-existing or subsequently-imposed statutory constraints but requires, a qualified clerk and an electoral mandate; particularly useful for engaging in economic development and local affordable housing schemes (replaces s 137(1) of the 1972 Act).

At the Annual Council Meeting on 16 May 2019, the Council confirmed that it met the qualifying criteria and agreed to adopt the General Power of Competence.