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 |
|---|---|---|
| Allotments | Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied | Smallholdings & Allotment Act 1908, ss.23, 25 and 42 |
| Baths and 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.125(6) |
| Bus Shelters | Power to provide and maintain shelters | Local Government (Miscellaneous Provisions) Act 1953, s.4 |
| By Laws | Power to make bylaws 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 |
| Charities | Co-operation with charities Participation in charities | Charities Act 2011 s 297 Local Government Act 1972 s 139(1)(b) |
| 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 1894, s 8(4). Smallholdings and Allotments Act 1908, s.34 Commons Act 2006 s 45 |
| 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 education objectives | Local Government (Miscellaneous Provisions) Act 1976, s.19 |
Community Right to bid (Assets of Community Value) | Right to nominate assets of community value | Localism Act 2011 ss 87-108 |
| Community Right to challenge | Right to induce a procurement exercise | Localism Act 2011 ss81-86 |
| Crime Prevention | Powers to spend money on various crime prevention measures | 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 entertainment and support of the arts | Local Government Act 1972, s.145 |
| Gifts | Power to accept | Local Government Act 1972, s.139 |
| Grants | Power to make grants | Localism Act 2011 s 1, Local Government Act 1972 ss 137(1), 137(3) (charities), 145, Local Government Provisions) Act 1976 s 19 (recreational facilities) Transport Act 1985 s 106A (bus services) |
| Highways | Power to repair and maintain public footpaths and
Power to light road and public places Power to provide parking places for vehicles, bicycles Power to enter into agreement as to dedication and Power to provide roadside seats and shelters, and Consent of parish council required for ending Power to complain to district council as to protection Power to provide traffic signs and other notices Power to plant trees etc. and to maintain roadside | 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 |
| Investments | Power to participate in schemes of collective investments | Trustee Investments Act 1961, s.11 |
| Land | Power to acquire by agreement, to appropriate to
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 | Powers to participate in lotteries | Gambling Act 2005 ss 98, 99 |
| Markets | Power to provide market | Food Act 1984 Pt 3 |
| Mortuaries and post mortem rooms | Powers to provide mortuaries and post mortem rooms | Public Health Act 1936, s.198 |
| Neighbourhood Planning | Power to promote neighbourhood plans and neighbourhood planning orders | Town and Country Planning Act 1990 (as amended) |
| Nuisances | Power to deal with offensive ditches | 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, 10 |
| Parish Property and documents | Powers to deal 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 or to provide recreation grounds,
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 Planning | Right 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 | 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 |
| Tourism | Power to contribute to organisations encouraging | Local Government Act 1972, s.144 |
| Traffic Calming | Powers to contribute financially to traffic calming schemes | Highways Act 1980 s 274A |
| Transport | Powers to spend money on 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 |
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.
