Local council powers and duties

Item Powers and Duties Statutory provisions
Allotments Powers to provide allotments. Duty to provide allotment gardens if demand unsatisfied & if reasonable to do so. Small Holding & Allotments Act 1908,s.23
Baths (public) Power to provide public swimming baths Public Health Act 1936, s.221
Borrowing money Power to borrow money for their statutory functions or for the prudent management of their financial affairs LGA 2003, Schedule1, para.2
Burial grounds, cemeteries & crematoria Power to acquire and maintain Open Spaces Act 1906, ss. 9 & 10
Burial grounds, cemeteries & crematoria Power to provide LGA 1972, s. 214
Burial grounds, cemeteries & crematoria Power to agree to maintain monuments & memorials parish councils & burial authorities (misc. provisions) Act 1970, s. 1
Burial grounds, cemeteries & crematoria Power to contribute to expenses of cemeteries LGA 1972, s. 214(6)
Bus Shelters Power to provide & maintain bus shelters LGA (misc. provision) 1953,s.4
Byelaws Power to make for: Cycle parks Road Traffic Regulations Act 1984, s. 57(7)
Byelaws Power to make for: Mortuaries & post-mortem rooms Public Health Act 1936, s. 198
Byelaws Power to make for: Open spaces & burial grounds Open Spaces Act 1906, ss. 15
Byelaws Power to make for: Places of public recreation Public Health Act 1875, s. 164
Byelaws Power to make for: Public swimming baths Public Health Act 1936, s. 223
Charities Duties in respect of parochial charities Charities Act 2011, ss. 298-303
Charities Power to act as charity trustees LGA 1972, s. 139(1)
Clocks Power to provide public clocks Parish Councils Act 1957, s. 2
Closed Churchyards Powers to maintain LGA 1972, s. 215
Commons & common pastures Powers in relation to enclosure, regulation, management & provision of common pasture Inclosure Act 1845; Small Holdings & Allotments Act 1908, s. 34
Community Centres Power to provide & equip buildings for use of clubs having athletic, social or educational objectives LGA (misc. provisions) 1976, s. 34
Community Centres Power to acquire, provide & furnish community buildings for public meetings & assemblies. LGA 1972, s. 133
Conference facilities Power to provide & encourage the use of the facilities LGA 1972, s. 144
Crime prevention Power to spend money on crime detection & prevention measures Local Government & rating Act 1997, s. 31
Ditches & ponds Power to drain & maintain ponds and ditches to prevent harm to public health Public Health Act 1936, s.260
Entertainment & arts Provision of entertainment & support of the arts LGA 1972, s.145
Environment Power to issue fixed penalty notices for litter, graffiti & offences under dog control orders Clean Neighbourhoods & Environment Act 2005, s. 19, s. 30. part 6.
General Power of Competence (GPC) Power for an eligible council to do anything subject to statutory prohibitions, restrictions & limitations including those in place before or after introduction of GPC) Localism Act 2011, ss. 1-8
Gifts Power to accept gifts of land LGA 1972, s. 139
Highways, dedication & widening Power to enter into agreement as to dedication & widening Highways Act 1980, ss. 30, 72
Highways, ending maintenance Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highways Highways Act 1980, ss. 47, 116
Highways, lighting Power to light roads & public places Parish Councils Act 1957, s. 3; Highways Act 1980, s. 301
Highways, seats & shelters Power to provide roadside seats & shelters Parish Councils Act 1957, s. 1
Highways. Parking Power to provide parking places for vehicles, bicycles & motor-cycles Road Traffic Regulation Act 1984,ss. 57, 63
Highways. Protection of rights of way & roadside waste Power to complain to district council as to the protection of rights of way & roadside waste Highways Act 1980, s. 130
Highways. Public footpaths & bridleways Power to repair & maintain public footpaths & bridleways Highways Act 1980, ss. 43 & 50
Highways. Traffic signs & notices Power to provide certain traffic signs & other notices Road Traffic Regulation Act 1984, s. 72
Highways. Trees & verges Power to plant trees etc. & maintain roadside verges Highways Act 1980, s. 96
Honorary Titles Power to admit to be honorary freemen/freewomen of council’s area persons of distinction & persons who have, in the opinion of the authority, rendered eminent services to that place or area LGA 1972, s. 249(5), s. 249(9)
Investments Power to participate in schemes of collective investment Trustees Investments Act 1961, s. 11
Land. Acquire Power to acquire by agreement, to appropriate, or dispose of LGA 1972, ss.124, 126, 127
Land. Gifted Power to accept gifts of land LGA 1972, s. 139
Litter Provision of bins Litter Act 1983, ss, 5, 6
Lotteries Powers to promote Gambling Act 2005, s. 252, 258
Markets Powers to establish or acquire by agreement markets within their area & provide a market place & market buildings Food Act 1984, s, 50
Mortuaries & post mortem rooms Powers to provide mortuaries & post mortem rooms Public Health Act 1936, s. 198
Neighbourhood Planning Powers to act as a lead body for a neighbourhood development plan or a neighbourhood development order Localism Act 2011, Sch. 9; Town & Country Planning Act 1990, ss. 61E-61Q, Sch 48; Planning & Compulsory Purchases Act 2004, s. 38A
Newsletters Power to provide information relating to matters affecting local government LGA 1972, s. 142
Nuisances Power to deal with offensive ditches Public Health Act 1936, s. 260
Open spaces. Open spaces Power to acquire & maintain land for open spaces Open Spaces Act 1906, ss. 9 and 10
Open spaces. Public recreation Power to acquire & maintain land for public recreation Public Health Act 1875, s. 164
Parish property & documents Powers to receive & retain LGA 1972, s. 226
Parish property & documents Duty to deposit certain published works in specific deposit libraries Legal Deposit Libraries Act 2003, s. 1
Public buildings & village hall Power to acquire & provide buildings for public meetings & assemblies LGA 1972, s. 133
Public conveniences Power to provide Public Health Act 1936, s. 87
Recreation. Boating pools Provision of boating pools Public Health Act 1961, s. 54
Recreation. Facilities Power to provide a wide range of recreational facilities Local Government (misc. provisions) Act 1976, s. 19
Services that are provided by a principal authority Right to challenge. The right to submit an interest in running a service provided by a district, county or unitary authority Localism Act 2011, ss. 81-86
Assets of community value Right to nominate and bid
Tourism Power to encourage tourism to the council’s area LGA 1972, s. 144
Town & country planning Right to be notified of planning applications if right has been requested.
Traffic calming Powers to contribute financially to traffic calming schemes LGRA 1997, s. 30
Transport Powers to spend monet on community transport schemes.
War memorials Power to maintain, repairs, protect & adapt war memorials War Memorials (Local Authorities’ Powers) Act 1923, s. 1; as extended by LGA 1948, s. 133
Water supply Power to utilise wells, springs or streams for obtaining water Public Health Act 1936, s. 125
Websites Power for councils to have their own websites LGA 1972, s. 142

 

This table should be compared with the responsibilities table and, at some stage, will be combined.