Local Councils

Overview of the Powers and Duties of Local Councils

Please note that 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.



Powers and Duties

 

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 duty.
Please note: this is not a legal document and all entries must be read in the original to verify the exact wording.
Sources: www.nalc.gov.uk and www.calc.org.uk

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  duty to provide allotment gardens if demand exists Smallholdings & Allotments 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  and crematoria* Power to acquire and maintain such grounds Open Spaces Act 1906, ss. 9 & 10
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Power to provide such grounds LGA 1972, s. 214
Power to agree to maintain memorials  and monuments Parish Councils and Burial 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. 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)
Mortuaries and post-mortem rooms Public Health Act 1961, s. 54
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
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Charities Power to appoint trustees of parochial charities Charities Act 1993, s. 79
Duty to receive accounts of parochial charities Charities Act 1960, s. 32
Clocks* Power to provide public clocks Parish Councils Act 1957 s. 2
Closed churchyards Power (and sometimes duty) to maintain LGA 1972 s. 215
Commons and common pastures Power to protect unclaimed common land from unlawful interference Commons Registration Act 1965 s. 9
Powers in relation to enclosure, as to regulation and management, and as to providing common pasture Enclosure Act 1845;
Local Government Act 1894, s.8(4);
Smallholdings and Allotments Act 1908, s.34
Power to manage commons and village under a district council scheme Commons Act 1899 ss. 4 & 5
Community centres and Village halls Power to provide and equip premises for clubs and other athletic, social or educational organisations Local Government (Misc. 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 and (c) assist others in so doing for the prevention of crime Local Government and Rating Act 1997, s. 31
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Drainage  Power to deal with ditches and ponds Public Health Act 1936, s. 260
Education Right to appoint governors of primary schools School Standards and 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. 137
Gifts Power to accept gifts LGA 1972, s. 139
Highways Power to repair and maintain footpaths & bridleways Highways Act 1980, ss. 43 & 50
Power to light roads and public places Parish Councils Act 1957, s.3;
Highways Act 1980, s.301
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 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, 1984, s. 72
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Interests Duty to declare an interest LGA 1972, s. 94
Investments Power to participate in schemes of collective investment Trustee Investments Act 1961, s.11
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 interested in land Local Government (Misc.  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
Planning Right to be notified of planning applications Town & Country Planning Act 1990, para. 8 of sch. 1; para. 2 of Sch. 1A (Wales)
Public buildings and village halls Power to provide buildings for offices and 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
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Records Power to collect, exhibit and purchase local records Local Government (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 shelters Parish 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
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Traffic calming Power to contribute to the cost of traffic calming measures Highways Act 1980, s. 274A
Transport* and Community 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 memorials War Memorials (Local 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



 
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