Council Powers

The powers which have been vested in Parish, Town and Community Councils be Acts of Parliament are summarised in this publication as a guide to Councillors and others.  Each description is brief and is intended to be general indication.  Like all powers given to public bodies the powers of local councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body (for example the approval of the County Council to the provision of a car park).  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).  Information on all these details should be in the hands of the Clerks of the Council.

Function	Powers and Duties	Statutory Provision
Allotments	Powers to provide allotments. Duty to provide allotment gardens if demanded unsatisfied	Small Holding & Allotments Act 1908, ss. 23, 25, & 42
Baths and Washhouses	Power to provide public baths and washhouses	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 and 10; Local Government Act 1972, s. 214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1 Local Government Act 1972, s. 215(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	Duty to receive accounts of parochial charities	Charities Act 1960, s.32
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	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 educational objectives	Local Government (Miscellaneous Provisions) Act 1976 s.19
Community Transport	Various - see Transport below.	Local Government and Rating Act 1997
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.145
Highways	Power to repair and maintain public footpaths and bridle-ways	Highways Act 1980, ss.43, 50
Highways	Power to light road and public places	Parish Councils Act 1957, s.3; Highways Act 1980, s.301
Highways	Power to provide parking places for vehicles, bicycles and motor-cycles	Road Traffic Regulation Act 1984, ss.57, 63
Highways	Power to enter into agreement as to dedication and widening	Highways Act 1980, ss.30, 72
Highways	Power to provide roadside seats and shelters, and omnibus shelters	Parish Councils Act 1957, s.1
Highways	Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway	Highways Act 1980, ss.47, 116
Highways	Power to complain to district council as to protection of rights of way and roadside wastes	Highways Act 1980, s.130
Highways	Power to provide traffic signs and other notices	Road Traffic Regulation Act 1984, s.72
Highways	Power to plant trees etc. and to maintain roadside verges	Highway Act 1980, s.96
Investments	Power to participate in schemes of collective investment	Trustee Investments Act 1961, s.11
Joint Committees	Power to form and participate in joint arrangements for services	Local Government Act 1972, s101 and s102.
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
Local Energy saving measures	Power to encourage or promote microgeneration etc.	Climate Change and Sustainable Energy Act 2006, s.20.
Lotteries	Powers to promote	Lotteries and Amusements Act 1976, s.7
Markets	Power to establish or acquire.	Food Act 1984, s.50.
Mortuaries and post mortem rooms	Powers to provide mortuaries and post mortem rooms	Public Health Act 1936, s.198
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 and 10
Parish Property and documents	Powers to 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
Recreation	Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them	Public Health Act 1875, s.164 Local Government Act 1972, Sched.14 para.27 Public Health Acts Amendment Act 1890
Recreation	Power to provide gymnasiums, playing fields, holiday camps	Local Government (Miscellaneous Provisions) Act 1976, s.19
Recreation	Provision of boating pools	Public Health Act 1961, s.54
Seats and Shelters	Power to provide.	Parish Councils Act 1957, ss2 and 3.
Telecommunications Facilities	Power to pay British Telecommunications or any other public telecommunications operator for loss sustained providing telegraph office or telecommunication facilities.	Telecommunications Act 1984, s97.
Town and Country Planning	Right to be notified of planning applications	Town and Country Planning Act 1990, Sched.1, para.8
Tourism	Power to contribute to organisations encouraging	Local Government Act 1972, s.144
Traffic Calming	Powers to contribute financially to traffic calming schemes	Local Government and Rating Act 1997, s.26
Transport	Powers to spend money on community transport schemes	Local Government and Rating Act 1997, s.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
Water Supply	Power to utilise well, spring or stream and to provide facilities for obtaining water therefrom	Public Health Act 1936, s.125
Well being	Available only to councils meeting certain conditions.	LG and Public Involvement in Health Act 2007, s77.

This list is intended only as a summary of the principal functions of local councils.  It is not intended to be a definitive list of such functions.