Powers & Duties
Town and Parish Councils are an essential part of the structure of local democracy and have a vital role in acting on behalf of the communities they represent.
They:
- undertake projects and schemes that benefit local residents.
- give views, on behalf of the community, on planning applications and other proposals that affect the parish.
- work in partnership with other bodies to achieve benefits for the parish.
- alert relevant authorities to problems that arise or work that needs to be undertaken.
- help the other tiers of local government keep in touch with their local communities.
What powers and duties do parish councils have?
Town and Parish Councils have a wide range of legal duties and powers, covered by Acts of Parliament, such as the maintenance of community buildings and land and much more. They have the power to raise money through the local council tax.
The Powers and Duties of Parish Councils
The following are all under the remit of parish councils:
| Allotments | Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied. |
Small Holdings Act 1908 ss23,26 & 42 |
| Archives | Power to make records held available to the public and to support local archives | Local Government Records Act 1962 ss1 & 4 |
| Baths & Washouses | Power to provide public baths and washhouses | Public Health Act 1936 ss221, 222, 223 & 227 |
| Burial Grounds, Cemeteries and Crematoria | Power to acquire and maintain | Open Spaces Act 1906 ss9 & 10 Local Government Act 1972 s214 |
| Power to provide Power to agree to maintain monuments and memorials |
Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 s1 | |
| Power to contribute towards expenses of cemeteries | Local Government Act 1972 s214 (6) | |
| Bus Shelters | Power to provide and maintain shelters | Local Government (Miscellaneous Provisions) Act 1953 s4 |
| Bye Laws | Powers to make Bye Laws in regards to pleasure grounds | Public Health Act 1875 s164 |
| Cycle Parks | Road Traffic Regulation Act 1984 s57 | |
| Baths and Washhouses | Public Health Act 1936 s223 | |
| Open Spaces and Burial Grounds | Open Spaces Act 1906 ss12 & 15 | |
| Mortuaries and Post-Mortem Rooms | Public Health Act 1936 c198 | |
| Car Sharing Schemes | Power to establish, maintain and assist others | Local Government and Rating Act 1997 s26 |
| Charities | Duty to receive accounts of parochial charities | Charities Act 1960 s32 |
| Clocks | Power to provide public clocks | Parish Councils Act 1957 s2 |
| Closed Churchyards | Powers as to maintenance | Local Government Act 1972 s215 |
| Commons and Common Pastures | Powers in relation to enclosure, as to regulation and management, and as to providing common pasture | Enclosure Act 1845; Local Government Act 1894 s8(4); Smallholdings & Allotmentst Act 1908 s34; Commons Act 1899 |
| Conference Facilities | Power to provide and encourage the use of facilities | Local Government Act 1972 s144 |
| Community Centres | Power to provide and equip buildings for use of clubs having athletic, social or educational objectives | Local Government (Miscellaneous Provisions) Act 1976 s19 |
| Delegated Functions | Power to assume a function delegated by another authority | Local Government Act 1972 ss101, 111 & 112 |
| Power to ensure effective discharge of Council functions | as above | |
| Power to employ persons to carry out Council functions | as above | |
| Power to deal with ponds/ditches, agreements with landowners and with English Nature to manage Council-owned reserve land as a nature reserve | Public Health Act 1936 s260 | |
| Legal Proceedings | Power to prosecute or defend | Local Government Act 1972 s222 |
| Listed Buildings | Power to contribute to the preservation of historic buildings | Essex Act 1987 s48 |
| Litter | Provision of receptacles | Litter Act 1983 ss5.6 |
| Lotteries | Power to promote | Lotteries & Amusements Act 1976 s7 |
| Nuisances | Power to deal with offensive ditches | Public Health Act 1936 s260 |
| Open Spaces | Power to acquire land and maintain | Public Health Act 1975 s164; Open Spaces Act 1906 ss9 & 10; Commons Act 1899 |
| Parish Property and Records | Powers to direct as to their custody | Local Government Act 1972 s226 |
| Planning | Right to be notified of and power to respond to planning applications | Town & Country Planning Act 1990 s1 ss8; Local Government Act 1972 s15 ss20 |
| Postal and telecommunications facilities | Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained in providing post or telegraph office or telecommunications facilities | Post Office Cat 1953 s51; Telecommunications Act 1984 s97 |
| Public Buildings and Village Halls | Power to provide | Public Health Act 1936 s87 |
| Public Conveniences | Power to provide | as above |
| Public Enquiries | Power to make representations at public enquiries | Local Government Act 1982 s222 |
| Publicise Functions | Powers to publicise council and local authority functions | Local Government Act 1982 s142 |
| Raising of Finances | Power to raise money through the precept | Local Government Act 1982 s150 |
| 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 s164; Local Government Act 1972 s14 ss27; Public Health Acts Amendments Acts 1890 s44; Open Spaces Act 1906 ss9 & 10; Local Government (Miscellaneous Provisions) Act 1976 s19; Commons Act 1899 |
| Power to provide gymnasiums, playing fields and holiday camps | as above | |
| Provision of boating pools | Public Health Act 1961 s54 | |
| Taxi Fare Concessions | Power to reimburse operator | Local Government and Rating Act 1997 s28 |
| Tourism | Power to contribute to organisations encouraging | Local Government Act 1972 s144 |
| Transport and Traffic | Power to conduct surveys to establish the transport needs of the community, the use of and need for roads and the management and control of traffic | Local Government and Rating Act 1997 s29 |
| Power to collect and disseminate passenger transport information and make grants for bus services | Local Government and Rating Act 1997 s29 (2) 27 | |
| Powers to contribute financially to traffic calming schemes | Local Government and Rating Act 1997 s26 | |
| Training | Powers to train Councillors | Local Government Act 1972 s175 |
| Transport | Powers to spend money on community transport schemes | Local Government and Rating Act 1997 ss26-29 |
| War Memorials | Power to maintain, repair and adapt war memorials | War Memorials (Local Authorities Powers) Act 1923 s1; as extended by Local Government Act 1948 s123 |
| Water Supply | Powers to utilise well, spring or stream and to provide facilities for obtaining water there from | Public Health Act 1936 s125 |
