A summary of the Powers, Duties and Statutory provisions which enable the Parish Council to operate. This advice was supplied by the Society of Local Council Clerks and was last updated in July 2012; amendments may be pending.
Half of the Parish Council powers come from the Local Government Act 1972. This legislation is already fifty years old; some is closer to ninety years old. These powers are extended once the Parish Council employs a Clerk having achieved CiLCA qualifications or above.
Some of these powers (Northamptonshire Highways and Archives) are retained by the local Unitary Council: West Northamptonshire Council (WNC), enacted in May 2021.
Function |
Powers & Duties |
Statutory Provisions |
---|---|---|
Allotments |
Powers to provide allotments. Duty |
Smallholdings & Allotments Act 1908, ss 23, 26 and 42 |
Baths and Washhouses |
Power to provide public baths and washhouses |
Public Health Act 1936, s 221 |
Burial grounds, cemeteries and crematoria |
Power to acquire and maintain |
Open Spaces Act 1906, ss 9 and 10; |
Power to provide |
Local Government Act 1972, s.214 |
|
Power to agree to maintain monuments and memorials |
Parish Councils and Burial |
|
Power to contribute towards expenses of cemeteries |
Local Government Act 1972, s.214(6) |
|
Bus Shelters |
Power to provide and maintain shelters |
Local Government (Miscellaneous Provisions) Act 1953, s.4; |
Parish Councils Act 1957 |
||
Bye Laws |
Power to make bye-laws in regard to pleasure grounds |
Public Health Act 1875, s.164; |
Cycle Parks |
Road Traffic Regulation Act 1984, s.57(7) |
|
Baths and Washhouses (see above) |
Public Health Act 1936, s.223 |
|
Open spaces and burial grounds |
Public Health Act 1936, s.198 |
|
Charities |
Duties re parochial charities |
Charities Act 2011 s. 298 |
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 enclosure, and as to providing common pasture |
Inclosure Act 1845; Smallholdings and Allotments Act 1908, s.34 |
Conference facilities |
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 recreational objectives |
Local Government (Miscellaneous Provisions) Act 1976 s.19 |
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 |
Highways |
Power to repair and maintain public footpaths and bridle-ways |
Highways Act 1980, ss.43, 50 |
Power to light roads and public places |
Parish Councils Act 1957, s.3; |
|
Provision of litter bins |
Litter Act 1983, ss.5, 6 |
|
Power to provide parking places for vehicles, bicycles and motor-cycles |
Road Traffic Regulation Act 1984, ss.57, 63 |
|
Power to enter into agreement as to dedication and widening. |
Highways Act 1980, ss.30, 72 |
|
Power to provide roadside seats and shelters, and omnibus shelters |
Parish Councils Act 1957, s.1 |
|
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 |
|
Power to complain to highway authority as to protection of rights of |
Highways Act 1980, s.130 |
|
Power to provide traffic signs and other notices. Retained by WNC. |
Road Traffic Regulation Act 1984, s.72 |
|
Power to plant trees etc. and to maintain roadside verges. |
Highways Act 1980, s.96 |
|
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 land |
Local Government Act 1972, ss.124, 126, 127 |
Power to accept gifts of land |
Local Government Act 1972, s.139 |
|
Litter |
Provision of receptacles |
Litter Act 1983, ss.5, 6 |
Lotteries |
Having a lottery operating licence |
Gambling Act 2005, s.98 |
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 |
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 |
Provision of depositories. Northamptonshire Archive under WNC. |
Local Government Act 1972, s.227 |
|
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 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 |
Power to provide gymnasiums, playing fields, holiday camps |
Local Government (Miscellaneous Provisions) Act 1976, s.19 |
|
Provision of boating pools |
Public Health Act 1961, s.54 |
|
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 tourism |
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, s.26-29 |
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 to provide facilities for obtaining water therefrom |
Public Health Act 1936, s.125 |