Powers and Duties of Local Councils
Local councils are given certain powers and duties by different acts of parliament. This means that they may only do what the law says they “may” do (powers) and they must do what the law says they “must” or “shall” do (duties). Listed below are some examples of powers and duties of local councils and the legislation behind. Other functions and services may be powers or duties of the principal authority – Wiltshire Council or Swindon Borough Council depending on your area.
Function
Powers and Duties
Statutory Provisons
Allotments
Powers to provide allotments.
Duty to provide allotment
gardens if demand unsatisfied
and if reasonable
Small Holdings and Allotments Act 1908 ss
23, 26 & 42
Baths and
Washhouses
Power to provide public baths
and washhouses (i.e.
laundrettes)
Public Health Act 1936 ss 221,222,223 &
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&10; Local
Government Act 1972 s214.
Parish Councils & Burials Authorities
(Misc. Provisions) Act 1970 s 1
Local Government Act 1972 s 214 (6)
Bus Shelters
Power to provide and maintain shelters
Local Government Misc. Provisions Act 1953 s 4
Bus Services
Power to make grants of money
(though not of a capital nature)
for bus service appearing to be
for the benefit of people living in
the council’s area or community
bus service
Local Government Rating Act 1997
Byelaws
Power to make Byelaws in
regard to:
Pleasure Grounds
Baths and Wash houses
Open Spaces & Burial Grounds
Mortuaries & Post Mortem
Rooms
Cycle Parks
Public Health Act 1875 s 164
Public Health Act 1936 s 223
Open Spaces Act 1906s 15
Public Health Act 1936 s 198
Road Traffic Regs Act 1984 s 57(7)
Car Sharing Scheme
Power to establish and maintain, or to assist others, in car sharing scheme for benefit of persons in council’s area.
Local Government and Rating Act 1997
Chairman’s Allowance
Power to pay the chairman reasonable allowance
Local Government Act 1972 s 15(5) and 35 (5)
Change of use of land
Power to use land by a parish council for another purpose other than what it was acquired for.
Local Government Act 1972 s 126
Citizen’s Advice Bureau
Power to assist bodies such as CABs in advising individuals and by making or receiving communications or by providing representation to or before any body or person in asserting an individual’s rights or obligations
Local Government Act 1972 s 142
Clocks
Power to provide public clocks
Parish Councils Act 1957 s 2
Closed
Churchyards
Powers to maintain
Local Government Act 1972 s 215
Commons &
Common
Pastures
Powers in relation to enclosure
as to regulation and
management and as to
providing common pasture
Enclosure Act 1845; Local Gov Act 1894 s
8 (4); Smallholdings & Allotments Act 1908
s 34
Conference facilities
Power to provide & encourage the use of facilities
Local Gov Act 1972 s 144
Community Centres
Power to provide and equip buildings for use of clubs having athletic, social or educational objectives
Local Gov (Misc. Provisions) Act 1976 s19
Crime Prevention
Power to install and maintain equipment with view to preventing and detecting crime in own area; may make grants of money to police authorities.
Local Govt Rating Act 1997
Drainage
Power to deal with ponds and ditches
Public Health Act 1936 s 260
Education
Right to appoint school governors
Education (no 2) Act 1986 s 4
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
Highways
Power to repair and maintain
public footpaths and bridleways.
Power to light roads and public places
Provision of litter bins
Power to provide parking places
for vehicles, bicycles and motor cycles
Power to enter into agreement
as to dedication and widening.
Power to provide roadside seats
and shelters and omnibusshelters
Power to complain to district
council as to protection of rights
of way and roadside waste.
Consent of parish council
required for ending maintenance
of highway at public expense, or for stopping up or diversion of highway.
Power to provide traffic signs and other notices
Power to plant trees etc and to maintain roadside verges.
Power to fund traffic calming measures
Highways Act 1980 ss 43 50
Parish Councils Act 1957 s3
Highways Act 1980 s 301
Litter Act 1983 ss 56
Road Traffic Regulations Act 1984 ss 57, 63
Highways Act 1980 ss 30, 72
Parish Councils Act 1957 sl
Highways Act 1980 s 130
Highways Act 1980 ss 47, 116
Road Traffic Reg Act 1984 s 72
Highways Act 1980 s 96
Local Government and Rating Act 1997, s
30
Investments
Power to participate in schemes of collective investment
Trustee Investments Act 1961 s 11
Investigation and publicity
Power to investigate the need for public passenger transport; the use and need for roads; the management and control of traffic
Local Government Rating Act 1997
Land
Power to acquire land by agreement, to appropriate, to dispose of Power to accept gifts
of land.
Local Govt Act 1972 ss 124, 126, 127
Local Govt 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/ post mortem rooms
Power to provide mortuaries and post-mortem rooms
Public Health Act 1936 s 198
Newsletters
Provision of information relating to matters affecting local government. District Auditor now
agrees that to develop the spirit of Best Value this power may be used for parish newsletters
Local Government Act 1972 s 142
Nuisances
Power to deal with offensive ditches
Public Health Act 1936 s 260
Open Spaces
Power to acquire land and maintain
Public Health Act 1987 s 164; Open Spaces Act 1906 ss 9&10
Parish Property and Documents
Power to direct as to their custody
Local Government Act 1972 s 226
Public Buildings and village halls
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
Public inspection of documents
Public have the right to inspect certain documents
Local Government Act 1972 s 228
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, holiday camps
Provision of boating pools
Public Health Act 1875 s 164; Local Govt
Act 1972 Sched 14 para 27; Public Health
Acts: Amendment Act 1890 s 44; Open
Spaces Acct 1906 s 9 & 10
Local Govt (Miscellaneous Provisions) Act
1976 s 19
Public Health Act 1961 s 54
Staff
Power to appoint staff under reasonable terms and conditions
Local Government Act 1972 s 112
Subscriptions to County ALC,
NALC and other associations
Power to subscribe to local government associations
Local Government Act 1972 s143
Subsidiary Powers
The power to do anything which is coincidental to the discharge of the council’s functions.
Local Government Act 1972 s 111
Taxi fare concessions
Power to make arrangements with licensed taxi or hire car operator whereby he/she is reimbursed for giving fare concessions to persons resident in council area eligible to receive travel concessions under scheme established by County or District under Transport Act
1985
Local Govt Rating Act 1997
Town and County Planning
Right to be notified of planning applications
Town and County Planning Act 1990 Sched 1 para 8
Tourism
Power to contribute to organisation encouraging tourism
Local Gov Act 1972 s 144
Traffic calming works, speed cameras, CCTV cameras etc
Power to contribute to expenditure by highway authority (principally County Council) in constructing, removing or maintaining traffic calming works, if it will be of benefit to the area.
Local Govt Rating Act 1997
Village Signs
Power to make and erect ornamental village signs under the power to encourage visitors to the locality
Local Gov Act 1972 s 144
War memorials
Power to maintain, repair, protect and adapt 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 provide facilities for obtaining water therefrom
Public Health Act 1936 s 125.