Powers and Duties of the Parish Council
Parish Councils have a wide range of powers and duties.
Duties: A duty is an activity that must be carried out (mandatory), for example, local councils must appoint a chairman and a clerk.
Powers: Statutory powers, granted by Parliament give local councils the choice or opportunity to take action and are therefore discretionary.
The powers which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised below. Each description is intended to be a general indication and it is not a complete list of every single power and duty and may be subject to change as Parliament and the Courts change the law or the way it is applied.
Like all powers given to public bodies the powers of local councils are defined in detail in legislation and these details may include a requirement to obtain the consent of another body, such as East Lindsey District Council, Lincolnshire County Council or the Secretary of State. Local Councils must also exercise their powers subject to the provisions of the general law.
Table of details
The following table describes the powers and duties held by local councils for a number of functions. It also provides details of the regulations under which statutory provisions are made. Information on all these details can usually be found online or in the case of a specific issue affecting Mareham le Fen from the parish council Clerk. Where a function is marked with an asterisk (*) a council also has the power to give financial assistance to another person or body performing the same function. Remember that this is not an exhaustive list.
This table is not an authoritative statement of the law. It may indicate where certain powers and duties relevant to the parish council may be found.
Abbreviations used 'LGA' means Local Government Act; 'S' means Section; 'Sch' means Schedule;
| FUNCTION | POWERS & DUTIES | STATUTORY PROVISON |
| Accounts | Duty to appoint a Responsible Financial Officer to manage the Council's finances |
LGA 1972 S151 |
| Acceptance of Office | Duty to sign declaration of acceptance of office (councillors and chair) | LGA 1972 S83 |
| Agency arrangements | Power to arrange for teh discharge of functions by another local authority | LGA 1972 S101 |
| Allotments | Power to provide allotments/duty to provide alloment gardens where the demand exists | Smallholdings and Allotments Act 1908. Ss 23,26,42 |
| Baths and wash houses | Power to provide public baths and wash houses | Public Health Act 1936, Ss 221-223-227 |
| Borrowing | Power to borrow money for statutory functions | LGA 1972 sch13 |
| Burial Grounds, cemeteries and crematoria* | Power to acquire and maintain | Open spaces Act 1906 Ss9 and 10 |
| Power to provide | LGA 1972, S214 | |
| Power to agree to maintain memorials and monuments | Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970 S1 | |
| Power to contribute to expenses of maintaining cemeteries | LGA 1972 s214(6) | |
| Bus Shelters* | Power to provide and maintain bus shelters | Local Government ( Miscellaneous Provisions) Act 1953 S4 |
| Byelaws | Power to make byelaws for public walks and pleasure grounds | Public Health Act 1875 S164 |
| Cycle parks | Road Traffice Regulation Act 1984 S57 (7) | |
| Baths and washhouses | Public Health Act 1936 S233 | |
| Open spaces and burial grounds | Open Spaces Act 1906 S1 | |
| Celebrations and national events | Power to facilitate a function, power to facilitate a religious or similar event, power to provide information, power to encourage visitors, power to provide entertainment | LGA 1972 Ss111,138B,142,144,145 |
| Charities | Power to appoint trustees of parochial charities | Charities Act 1993 S79 |
| Christmas Lights | Power to attact visitors | LGA 1972 S144 |
| Citizens Advice | Power to support | LGA 1972 S142 |
| Clocks* | Power to provide public clocks | Parish Councils Act 1957 S2 |
| Closed Churchyard | Power (and sometimes duty) to maintain | LGA 1972 S215 |
| Commons and common pastures | Powers in relation to enclose regulation and management and providing common pasture | Inclosure Act 1845: LGA 1894, S8(4); Smallholdings and Allotments Act 1908 S34 |
| Community Centres | Power to provide and equip community buildings | LGA 1972 S133 |
| Power to provide building for use of clubs having athletic, social or educations objectives | LGA ( Miscellaneous Provisions) 1972 S19 | |
| Conference Facilities* | Power to provide and encourage the use of conference facilities | LGA 1977 S144 |
| Consultation | Rights to be consulted by principal councils if directed by Secretary of State | Local Government and Ratings Act 1977 S21 LGA 1972 S33A |
| Crime prevention* | Power to spend money on various crime prevention measures | Local government and Rating Act 1997 S31 |
| Drainage | Power to deal with ditches and ponds | Public Health Act 1936 S260 |
| Entertainment and the Arts* | Provision of entertainment and support for the arts including festivals and celebrations | LGA 1972 S145 |
| Flagpoles | Power to erect flagpoles | Highways Act 1980 S144 |
| 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 S137 |
| Gifts | Power to accept gifts | LGA 1972 S139 |
| Highways | Power to maintain footpaths and bridleways | Highways Act 16980 S43 S50 |
| Power to light roads and public places | Parish Councils Act 1967 S3 | |
| Power to provide parking places for vehicles, bicycles and motorcycles | Road Traffic Regulation Act S57 | |
| Power to make a dedication agreement for a new highway or widening an existing highway | Highways Act 1980 S30 S72 | |
| Power to veto application to magistrates court to stop up, divert or cease to maintain a public highway | Highways Act 1980 S47 S116 | |
| Power to complain to a local highway authority that a highway is unlawfully stopped up or obstructed | Highways Act 1980 S96 | |
| Power to prosecute for unlawful ploughing of a footpath or bridleway | Highways Act 1980 S134 | |
| Power to plant trees etc, and maintain roadside verges | Highways Act 1980 S134 | |
| Interests | Duty to declare an interest | LGA 197 S94 |
| Investments | Power to participate in schemes of collective investment | Trustee Act 1961 S11 |
| Land | Power to aquire land by agreement, to appropriate land and to dispose of land | LGA 1972 S124 S126 S127 |
| Power to acquire land by compulsory purchase | LGA1972 S125 | |
| Power to accept gifts of land | LGA 1972 S139 |
|
| Power to obtain particulars of persons interested in land | LGA (Miscellaneous Provisions) 1976 S16 | |
| Lighting | Powers to light roads and public places | Parish Councils Act 1967 S7 |
| Litter * | Power to provide litter bins in streets and public places | Litter Act 1983 S5 S6 |
| Lotteries | Power to promote lotteries | Lotteries and Amusements Act 1976 S7 |
| Meetings | Duty to hold annual parish meeting | LGA1972 sch12 paragraph 23 |
| Duty to hold annual parish council meeting | LGA 1972 Sch 12 paragraph 7 | |
| Power to convene a parish meeting | LGA 1972 sch 12 paragraph 14 | |
| Mortuaries and post-mortem rooms | Power to provide mortuaries and post-mortem rooms | Public Health Act 1936 S136 |
| Newsletters | Power to provide information relating to matters affecting local government | LGA 1972 S142 |
| Nuisances* | Power to deal with offensive ponds, ditches and gutters | Public Health Act 1936 S260 |
| Open Spaces | Power to acquire and maintain open spaces | Public Health Act 1875 S164 Open spaces Act 1906 S9 S10 |
| Parish Documents | Power to give directions as to custody of parish documents | LGA 1972 S226 |
| Parking Facilities | Power to provide parking spaces for motor vehicles and bicycles | Road Traffic Regulation Act 1984 S57 S63 |
| Parks and pleasure grounds | Power to acquire land or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them | Public Health Act 1875 S164 LGA 1972 Sc 14 paragraph 27 Public Health Acts Amendment Act 1890 S44 |
| Public Buildings and village halls | Power to provide buildings for offices and for puble meetings and assemblies | LGA 1972 S133 |
| Public conveniences | Power to provide public conveniences | Public Health Act 1936 S87 |
| Publicity | Power to provide information about matters affecting local government | LGA 1972 S142 |
| Records | Power to collect , exhibit and purchase local records | Local Government (Records) Act 1962 s1 s2 |
| Recreation* | Poser to provide a wide range of recreational facilities | Open Spaces Act 1906 SS9-10 LGA(Miscellaneouse Provisions)Act 1976 S19 |
| Provision of boating lakes | Public Health Act 1961 S54 | |
| Seats and Shelters* | Power to provide roadside seats and shelters | Parish Councils Act 1957 S54 |
| Town and Country Planning | Right to be notified of planning applications | Town and Country Planning Act 1990 Sch 1 paragraph 8 |
| Town Status | Power to adopt town status | LGA 1972 S245 S245B |
| Tourism* | Power to contribute towards encouragement of tourism | LGA 1972 S144 |
| Traffic calming | Power to contribute to the cost of traffic calming measures | Highways Act 1980 S274A |
| Transport* | Power to a) establish car-sharing schemes; b) make grants for bus services; c) provide taxi-fare concessions; d) investigate public transport; e) provide information about public transport servies | Local Government an Rating Act 1977 S26 Transport Act 1985 S106A |
| Village sings | Power to use decorative signs to inform visitors | LGA 1972 S144 |
| Village Greens* | Power to maintain, to make bylaws for and to prosecute for interference with village greens | Open Spaces Act 1906 S15 Inclosure Act 1857 S12 Commons Act 1876 S29 |
| War Memorials | Power to maintain,repair and protect war memorials | War Memorials (Local Authorities Powers) Act 1923 S1 as extended by LGA 1948 S133 |
| Water supply | Power to utilise any well, spring or stream to provide facilities for obtaining water from them | Public Health Act 1936 S125 |