Parish Council Powers

South Tarrant Valley Parish Council - Serving the Local Community

FunctionPowers & DutiesStatutory Provisions
AllotmentsDuty to provide allotments.
Power to improve and adapt land for allotments, and to let grazing rights
Small Holding & Allotments Act 1908, ss. 23, 26, and 42
Baths and washhousesPower to provide public baths and washhousesPublic Health Act 1936, ss. 221, 222, 223 and 227
Burial grounds, cemeteries and crematoriaPower 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. 214(6)
Bus sheltersPower to provide and maintain shelters Local Government (Miscellaneous Provision) Act 1953, s. 4
Bye-lawsPower 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
ClocksPower to provide public clocksParish Councils Act 1957, s.2
Closed churchyardsPowers as to maintenanceLocal Government Act 1972, s.215
Common pasturesPowers in relation to providing common pastureSmallholdings and Allotments Act 1908, s.34
Conference facilitiesPower to provide and encourage the use of facilitiesLocal Government Act 1972, s.144
Community centresPower to provide and equip buildings for use of clubs having athletic, social or recreational objectivesLocal Government (Miscellaneous Provisions) Act 1976 s.19
Crime preventionPowers to install and maintain equipment and establish and maintain a scheme for detection or prevention of crime
Power to contribute to police services e.g. PCSOs
Duty on Parish Councils to consider crime reduction in every policy and action
Local Government and Rating Act 1997, s.31
Police Act 1996, s.92
s17 Crime and Disorder Act 1998 (as amended)
DrainagePower to deal with ponds and ditchesPublic Health Act 1936, s.260
DogsPower to make a Dog Control Order
Power to take enforcement action against those who commit an offence against a Dog Control Order
Cleaner Neighbourhoods and Environment Act 2005
Entertainment and the artsProvision of entertainment and support of the artsLocal Government Act 1972, s.145
Flyposting and GraffitiPower to take enforcement action against those that flypost or graffitiCleaner Neighbourhoods and Environment Act 2005
GiftsPower to acceptLocal Government Act 1972, s.139
HighwaysPower to maintain footpaths and bridle-ways
Power to light roads and public places
Provision of litter bins
Powers to provide parking places for bicycles and motor-cycles, and other vehicles
Power to enter into agreement as to dedication and widening
Power to provide roadside seats and shelters Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway
Power to complain to highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes
Power to provide traffic signs and other objects or devices warning of danger
Power to plant trees and lay out grass verges etc. and to maintain them
Highways Act 1980, ss.43,50
Parish Councils Act 1957, s.3;
Highways Act 1980, s.301 Litter Act 1983, ss.5,6
Road Traffic Regulation Act 1984, ss.57,63
Highways Act 1980, ss.30,72
Parish Councils Act 1957, s.1
Highways Act 1980, ss.47,116
Highways Act 1980, s.130
Road Traffic Regulation Act 1984, s.72
Highways Act 1980, s.96
InvestmentsPower to participate in schemes of collective investmentTrustee Investments Act 1961, s.11
LandPower 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
LitterProvision of receptacles
Power to take enforcement action against those that litter
Litter Act 1983, ss.5,6
Cleaner Neighbourhoods and Environment Act 2005
LotteriesPowers to promoteLotteries and Amusements Act 1976, s.7
Mortuaries and post mortem roomsPowers to provide mortuaries and post mortem roomsPublic Health Act 1936, s.198
Open spacesPower to acquire land and maintainPublic Health Act 1875, s.164 Open Spaces Act 1906, ss.9 and 10
Parish documentsPowers to direct as to their custodyLocal Government Act 1972, s.226
Public buildings and village hallPower to provide buildings for public meetings and assembliesLocal Government Act 1972, s.133
Public conveniencesPower to providePublic Health Act 1936, s.87
Sustainable communitiesAble to be represented on a panel of representatives to be consulted on proposals that would contribute to sustainable communitiesSustainable Communities Act 2007
Telecommunications facilitiesPower to pay public telecommunications operators any loss sustained providing telecommunication facilitiesTelecommunications Act 1984, s.97
Town and country planningRight to be notified of planning applicationsTown and Country Planning Act 1990, Sched.1, para. 8
TourismPower to encourage visitors and provide conference and other facilitiesLocal Government Act 1972, s.144
Traffic calmingPowers to contribute financially to traffic calming schemesHighways Act 1980, s.274A
TransportPowers in relation to car-sharing schemes, taxi fare concessions and information about transport
Powers to make grants for bus services
Local Government and Rating Act 1997, s.26, 28 and 29
Transport Act 1985, s.106A
War memorialsPower to maintain, repair, protect and alter war memorialsWar Memorials (Local Authorities' Powers) Act 1923, s.1; as extended by Local Government Act 1948, s.133
Water supplyPower to utilise well, spring or stream and to provide facilities for obtaining water from themPublic Health Act 1936, s.125
Well-BeingPower to well-being of the area (for eligible councils)s2 and 4 of the Local Government Act 2000

Basic effective governance for a parish council entails:-

  • Understanding statutory duties, powers, and subsequent legal obligations;
  • Efficiently prioritising and undertaking activities arising from statutory duties, powers, and subsequent legal obligations;
  • Observing statutory prohibitions and limitations to their statutory duties and powers; 
  • Engaging with local residents and other key stakeholders to deliver the services and facilities required;
  • Taking informed, transparent decisions and managing risk;
  • Developing and increasing resources (land, property, finances, staff) commensurate with activity undertaken.