Powers & Duties
POWERS AND DUTIES OF LOCAL COUNCILS
Local Councils have a wide range of powers and duties. The following table sets out the main ones; it is not a complete list of every single power and dut
Where a function is marked with an asterisk, a council also has the power to give financial assistance toanother person or body performing the same function.
Function Powers and Duties Statutory Provisions
Accounts Duty to appoint a Responsible Financial Officer to manage the council’s accounts LGA 1972, s. 151
Acceptance of office Duty to sign declaration of acceptance of office (councillors and chairman) LGA 1972, s. 83
Agency arrangements Power to arrange for the discharge of functions by another local authority LGA 1972, s.101
Allotments Power to provide allotments Smallholdings & Allotments duty to provide allotment gardens if demand exist Act 1908, ss. 23, 26 & 42
Baths and washhouses Power to provide public baths and washhouses Public Health Act 1936, ss. 221-223, 227
Borrowing Power to borrow money for statutory functions LGA 1972, Sch 13
Burial grounds, cemeteries Power to acquire and maintain and crematoria* Open Spaces Act 1906, ss. 9 & 10
Power to provide LGA 1972, s. 214
Power to agree to maintain memorials Parish Councils and Burial and monuments Authorities (Misc. Prov.) Act 1970, s 1
Power to contribute to expenses of maintaining cemeteries LGA1972, s. 214(6)
Bus shelters* Power to provide and maintain bus shelters Local Government (Misc. shelters Prov.) Act 1953, s. 4
Byelaws Power to make byelaws for public walks and pleasure grounds Public Health Act 1875, s. 164
Cycle parks Road Traffic Regulation Act 1984, s. 57(7)
Public bathing Public Health Act, 1936 s. 231
Swimming pools, bathing places, baths and washhouses Public Health Act, 1936 s. 223
Open spaces and burial grounds Open Spaces Act, 1906, s. 15
Hiring of pleasure boats in parks and pleasure grounds Public Health Acts Amendment Act 1907, s. 44(2) Public Health Act 1961, s. 54
Mortuaries and post-mortem rooms Public Health Act 1936, s. 198
Dogs and dog fouling in parks and open spaces Public Health Act 1875, s. 164 Open Spaces Act 1906, s. 15
Charities Power to appoint trustees of parochial charities Charities Act 1993, s. 79
Clocks* Power to provide public clocks Parish Councils Act 1957 s. 2
Closed churchyards Power (and sometimes duty) to maintain LGA 1972 s. 215
Common land Power to protect unclaimed common land from unlawful interference Commons Registration Act 1965 s. 9
Power to manage commons and village Commons Act 1899 ss. 4 & 5 under a district council scheme
Community centres and Power to provide and equip premises for educational organisations Local Government (Misc. Village halls clubs and other athletic, social or Prov.) Act 1976, s. 19
Conference Facilities* Power to provide and encourage the use conference facilities LGA 1972, s. 144
Consultation Right to be consulted by principal councils if directed by Secretary of State (England) or by Welsh Assembly (Wales) Local Government and Rating Act 1997, s. 21; LGA 1972, s. 33A
Crime prevention* Power to (a) install equipment, (b) establish schemes for the prevention of crime and (c) assist others in so doing Local Government and Rating Act 1997, s. 31
Drainage Power to deal with ditches and ponds Public Health Act 1936, s. 260
Education Right to appoint governors of primary School Standards and schools Framework Act 1998, para. 15 Of Schedule 10
Entertainment and the Arts* Provision of entertainment and support for the arts LGA 1972, s. 145
Flagpoles Power to erect flagpoles in the highways Highways Act 1980, s. 144
Free Resource Power to incur expenditure not otherwise authorised on anything which in the council’s opinion is in the interests of the area or part of it or all or some of the inhabitants LGA 1972, s. 13
Gifts Power to accept gifts LGA 1972, s. 139
Highways Power to maintain footpaths & bridleways Highways Act 1980, ss. 43 & 50
Power to make a dedication agreement for a new highway or widening of an existing highway.Highways Act 1980, ss. 30 & 72
Right to veto application to magistrates court to stop up, divert or cease to maintain a public highway Highways Act 1980, ss. 47 & 116
Power to complain to a local highway authority that a highway is unlawfully stopped up or obstructed Highways Act 1908, s.130
Power to plant trees etc. and maintain roadside verges Highways Act 1980, s. 96
Power to prosecute for unlawful ploughing of a footpath or bridleway Highways Act 1980, s. 134
Power to provide traffic signs and other notices Road Traffic Regulation Act, notices 1984, s. 72
Interests Duty to declare an interest LGA 1972, s. 94
Land Power to acquire land by agreement, to appropriate land and to dispose of land LGA 1972, ss. 124, 126 & 127
Power to acquire land by compulsory purchase LGA 1972, s. 125
Power to accept gifts of land LGA 1972, s. 139
Power to obtain particulars of persons Local Government (Misc. interested in land Prov.) Act 1976, s. 16
Lighting Power to light roads and public places Parish Councils Act 1957, s.3 & Highways Act 1980, s. 301
Litter* Power to provide litter bins in streets and public places Litter Act 1983, ss. 5 & 6
Lotteries Power to promote lotteries Lotteries and Amusements Act 1976, s. 7
Meetings Duty to hold annual parish meeting LGA 1972, Sch. 12 para.23
Duty to hold annual parish council meeting LGA 1972, Sch. 12 para. 7
Power to convene a parish meeting LGA 1972, Sch. 12 para. 14
Mortuaries and post mortem rooms - Power to provide mortuaries and post mortem rooms - Public Health Act 1936, s. 198
Nuisances* Power to deal with offensive ponds, ditches and gutters - Public Health Act 1936, s. 260
Open Spaces Power to acquire and maintain open spaces Public Health Act 1875, s. 164 Open Spaces Act 1906, ss.9,10
Parish documents Power to give directions as to custody of parish documents LGA 1972, s. 226
Parking facilities Power to provide parking places for motor vehicles and bicycles Road Traffic Regulation Act 1984, ss. 57 & 63
Public buildings and Power to provide buildings for offices and village halls for public meetings and assemblies LGA 1972, s. 133
Public conveniences Power to provide public conveniences Public Health Act 1936, s. 87
Publicity Power to provide information about matters affecting local government LGA 1972, s. 142
Records Power to collect, exhibit and purchase Local Government (Records) local records Act 1962, ss. 1 & 2
Recreation* Power to acquire land for, or provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them Public Health Act 1875, s. 164 Public Health Acts Amendment Act 1890, s. 44 Open Spaces Act 1906, s. 9-10 Local Government (Misc. Prov.) Act 1976, s. 19
Seats and shelters* Power to provide roadside seats and sheltersParish Councils Act 1957, s. 1
Telecommunications Power to pay BT or any other telecommunications operator any loss sustained in providing telecommunications facilities Telecommunications Act 1984
Town and Country planning Right to be notified of planning applications Town & Country Planning Act 1990, para. 8 of sch. 1; para. 2 of Sch. 1A (Wales)
Town status Power to adopt town status LGA 1972, ss. 245, 245B
Tourism* Power to contribute to encouragement of Tourism LGA 1972, s. 144
Traffic calming Power to contribute to the cost of traffic calming measures Highways Act 1980, s. 274A
Transport* Power to (a) establish car-sharing schemes; (b) make grants for bus services; (c) provide taxi-fare concessions ; (d) investigate public transport, road use needs; (e) provide information about public transport services - Local Government and Rating Act 1997, s. 26
Village greens* Power to maintain, to make bylaws for and to prosecute for interference with village greens - Open Spaces Act 1906, s. 15; Inclosure Act 1857, s. 12; Commons Act 1876, s. 29
Village Halls* (see Community centres and Public buildings)
War memorials Power to maintain, repair and protect war War Memorials (Local memorials Authorities Powers) Act 1923, s. 1 as extended by LGA 1948, s. 133
Water supply Power to utilise any well, spring or stream to provide facilities for obtaining water from them - Public Health Act 1936, s. 125
calccumbria association of local councils