Duties & Powers of Parish Councils
Duties are things your Parish Council MUST do. Powers are things they MAY CHOOSE to do.
S137: In addition to the specific list below, Section 137(1) of the 1972 Act permits each Parish Council to spend public money on activities for which it has no other specific powers if the Council considers that the expenditure is in the interests of, and will bring direct benefit to, the area or any part of it, or all or some of its inhabitants, providing that the benefit is commensurate with the expenditure. They are also permitted under section 137(3) to incur expenditure for certain charitable and other purposes. The maximum expenditure that can be incurred under both section 137(1) and (3) combined for the financial year 2019 -2019 is £7.86 per elector (for us, a maximum of £1383) and for the financial year 2020 -2021 will be £8.32 (a maximum of £1464).
The Council is permitted by law to raise and spend tax payers money on the following:
Function |
Powers & Duties |
Statutory Provisions |
Allotments |
Duty to provide allotments. Power to improve and adapt land for allotments, and to let grazing rights |
Small Holding & Allotments Act 1908, ss. 23, 26, and 42 |
Baths and washhouses |
Power to provide public baths and washhouses |
Public Health Act 1936, ss. 221, 222, 223 and 227 |
Borrowing Money |
Power for councils to borrow money for their statutory functions or for the prudent management of their financial affairs |
Local Government Act 2003, Schedule 1, para. 2 |
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 |
Charities |
Duties in respect of parochial charities Power to act as charity trustee |
Charities Act 2011, ss.298-303
Local Government Act 1972, s.139 (1) |
Clocks |
Power to provide public clocks |
Parish Councils 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 |
Conference facilities |
Power to provide and encourage the use of facilities |
Local Government Act 1972, s.144 |
Community centres
Conduct |
Power to provide and equip buildings for use of clubs having athletic, social or recreational objectives
Duty to promote and maintain high standards of conduct |
Local Government (Miscellaneous Provisions) Act 1976 s.19
Localism Act 2011, s.27
|
Crime prevention |
Powers to install and maintain equipment and establish and maintain a scheme for detection or prevention of crime |
Local Government and Rating Act 1997, s.31 |
|
Power to contribute to police services e.g. PCSOs |
Police Act 1996, s.92 |
|
Duty on Parish Councils to consider crime reduction in every policy and action |
s17 Crime and Disorder Act 1998 (as amended) |
Drainage |
Power to deal with ponds and ditches |
Public Health Act 1936, s.260 |
Dogs |
Power to make a Dog Control Order Power to take enforcement action against those who commit an offence against a Dog Control Order |
Cleaner Neighbourhoods and Environment Act 2005 |
Entertainment and the arts |
Provision of entertainment and support of the arts |
Local Government Act 1972, s.145 |
Environment
|
Power to take enforcement action against those that fly-post or use graffiti
|
Cleaner Neighbourhoods and Environment Act 2005
|
General Power of Competence |
Power to do anything that an individual may do (eligible Councils only) |
Localism Act 2011, s.1 |
Gifts |
Power to accept |
Local Government Act 1972, s.139 |
Highways |
Power to maintain footpaths and bridle-ways Power to light roads and public places Provision of litter bins Powers 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
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 |
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 |
Honorary Titles |
Power to admit to be honorary freemen/ freewomen of the council’s area persons of distinction and persons who have, in the opinion of the authority, rendered eminent services to that place or area. |
Local Government Act 1972, s.249 |
Investments |
Power to participate in schemes of collective investment |
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 Power to take enforcement action against those that litter |
Litter Act 1983, ss.5,6 Cleaner Neighbourhoods and Environment Act 2005 |
Lotteries |
Powers to promote |
Lotteries and Amusements Act 1976, s.7 |
Markets |
Power to establish or acquire by agreement markets within the council’s area and provide a market place and market buildings |
Food Act 1984, s.50 |
Mortuaries and post mortem rooms
|
Powers to provide mortuaries and post mortem rooms
|
Public Health Act 1936, s.198
|
Neighbourhood Planning |
Power to create a Neighbourhood Plan and other development mechanisms |
Localism Act, 2011 s.116 |
Newsletters |
Power to provide information relating to matters affecting local government
|
Local Government Act, 1972 s.142 |
Open spaces |
Power to acquire land and maintain |
Public Health Act 1875, s.164 Open Spaces Act 1906, ss.9 and 10 |
Parish documents and property |
Powers to receive and retain
Duty to deposit certain published works in specific deposit libraries |
Local Government Act 1972, s.226
Legal Deposit Libraries Act 2003, s.1 |
Public buildings and village hall |
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 |
Right to challenge services that are provided by a principal authority |
The right to submit an interest in running a service provided by a district, county or unitary authority. |
Localism Act 2011, ss.81-86 |
Right to nominate and bid for assets of community value |
The right to nominate assets to be added to a list of assets of community value and the right to bid to buy a listed asset when it comes up for sale |
Localism Act 2011, ss.87-108 |
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, s.106A |
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 |
Websites |
Power for councils to have their own websites |
Local Government Act 1972, s.142 |