Powers and Duties
Chacewater Parish Council, like all Local Councils, has a wide range of powers, but very few duties.
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 Cornwall Council, in order to exercise a power.
Local Councils must also exercise their powers and undertake duties subject to the provisions of the general law (for example, obtaining planning permission and other consents).
Duties
Duties are mandatory activities that must be carried out by the Council. For example, Local Councils must appoint a Chairperson and a Clerk.
Powers
Statutory powers, granted by Parliament give Local Councils the choice or opportunity to take action and are therefore discretionary.
Summary of Council Functions
Many of the powers and duties which have been vested in Parish, Town and Community Councils by Acts of Parliament are summarised below for various functions, along with details of the statutory provisions which confer those powers and duties. Each description is brief and is intended to be a general indication. It is not a complete list of every single power and duty.
Where a function is marked with a red circle (●) a council also has the power to give financial assistance to another 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. | Local Government Act 1972, s.151 |
| Acceptance of Office | Duty to sign declaration of acceptance of office (councillors and chairperson). | Local Government Act 1972, s.83 |
| Agency Arrangements | Power to arrange for the discharge of functions by another local authority. | Local Government Act 1972 s.101 |
| Allotments | Powers to provide allotments. | Small Holdings Allotments Act 1908 ss.23, 25, 26 and 32 |
| Duty to provide allotment gardens if demand unsatisfied. | ||
| Archives | Power to make records held available to the public and support local archives. | Local Government (Records) Act 1962, ss.1 and 4 |
| Baths and Washhouses | Power to provide public baths and washhouses. | Public Health Act 1936 ss.221, 222, 223 and 227 |
| Borrowing | Power to borrow money for statutory functions. | Local Government Act 1972, Sch. 13 |
| Power to borrow money for capital projects or cash flow. | Local Government Act 2003, ss.43–44 | |
| Burial Grounds, Cemeteries and Crematoria ● | Power to acquire and maintain. | Open Spaces Act 1906, ss.9-10 |
| Power to provide. | Local Government Act 1972, s.214 | |
| Power to agree to maintain monuments and memorials. | Parish Council and Burial Authorities (Miscellaneous Provisions) Act 1970, s.1 | |
| Power to contribute towards expenses of cemeteries. | Local Government Act 1972, s.214 | |
| Bus Shelters | Power to provide and maintain. | Local Government (Miscellaneous) Act 1953, s.4 |
| Byelaws | Power to make byelaws for public walks and pleasure grounds. | Public Health Act 1875, s.164 |
| Power to make byelaws for swimming pools, bathing places, baths and washhouses. | Public Health Act 1936, s.223 | |
| Power to make byelaws for open spaces and burial grounds. | Open Spaces Act 1906 ss.12 and 15 | |
| Power to make byelaws for mortuaries and postmortem rooms. | Public Health Act 1936 s.198 | |
| Power to make byelaws with respect to public bathing. | Public Health Act 1936 s.231 | |
| Power to make byelaws for the hiring of pleasure boats in parks and pleasure grounds. | Public Health Amendments Act 1907, s.44(2) Public Health Act 1961, s.54 | |
| Charities | Duty to receive accounts of parochial charities. | Charities Act 1960, s.32 |
| Power to appoint or nominate trustees for certain local charities, including parochial charities. | Local Government Act 1972, s.139(1) Charities Act 1993, s.79 Charities Act 2011, ss.298–303 | |
| Charging for Discretionary Services | Power to charge fees on a cost recovery basis (no profit) where the council has discretion to provide a service. This power does not apply if another statute specifically authorises or prohibits charging for the service. | Local Government Act 2003, s.93 |
| Clocks ● | Power to provide public clocks. | Parish Councils Act 1957, s.2 |
| Closed Churchyards | Powers (and sometimes duty) to maintain closed churchyards. | Local Government Act 1972, s.215 |
| Commons Land and Common Pastures | Powers in relation to inclosure as to regulation and management and as to providing common pasture. | Inclosure Act 1845 Local Government Act 1984, s.8(4) Smallholding and Allotments Act 1908, s.34 |
| Power to protect unclaimed common land from unlawful interference. | Commons Registration Act 1965, s.9 | |
| Power to manage commons and village greens under a district council scheme. | Commons Act 1899, ss.4-5 | |
| Conference Facilities | Power to provide and encourage the use of facilities. | Local Government Act 1972, s.144 |
| Consultation | Right to be consulted by principal councils if directed by Secretary of State | Local Government and Rating Act 1997, s.21 Local Government Act 1972, s.33A |
| Contracts | Power to enter into contracts. | Local Government Act 1972, s.111 |
| Community Centres and Village Halls | Power to provide and equip premises for use of clubs having athletic, social or educational objectives. | Local Government (Miscellaneous Provisions) Act 1976, s.19 |
| Community Gardens | Power to provide and maintain open space as community gardens in or outside the council’s area. | Open Spaces Act 1906, ss.9-10 |
| Crime Prevention | Power to spend money on various crime prevention measures. | Local Government and Rating Act 1997, s.31 |
| 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 | |
| Delegated Functions | Power to assume a function delegated by another authority. | Local Government Act 1972, s.101 |
| Power to ensure effective discharge of Council functions. | Local Government Act 1972, s.111 | |
| Power to employ someone to carry out Council functions. | Local Government Act 1972, s.112 | |
| Drainage | Power to deal with ponds and ditches. | Public Health Act 1936, s.260 |
| Education | Right to appoint governors of primary schools. | School Standards and Framework Act 1988, Sch. 10, para. 15 |
| Entertainment and the Arts ● | Power to provide entertainment and support the arts. | Local Government Act 1972, s.145 |
| Environment | Power to act for the benefit of the community by tackling and promoting awareness of environmental issues. | Local Government Act 1972, ss.111 and 137 |
| Flagpoles | Power to erect flagpoles in 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. | Local Government Act 1972, s.139 |
| Gifts | Power to accept gifts. | Local Government Act 1972, s.139 |
| Highways | Power to repair and maintain footpaths and bridleways. | Highways Act 1980, ss.43 and 50 |
| Power to light roads and public places. | Local Government Act 1894, s.8(1)(b) Parish Councils Act 1957, s.3 Local Government Act 1972, Sch. 14, para. 27 Highways Act 1980, s.301 | |
| Power to provide litter bins. | Litter Act 1983, ss.5-6 | |
| Power to provide parking places for motor vehicles, bicycles and motorcycles. | Road Traffic Regulation Act 1984, ss.57 and 63 | |
| Power to enter into an agreement as to dedication and widening of highways. | Highways Act 1980, ss.30 and 72 | |
| Power to provide roadside shelters, and omnibus shelters. | Parish Councils Act 1957, s.1 | |
| Consent of Parish Council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway. | Highways Act 1980, ss.47 and 116. | |
| Power to complain to District Council as to protection of rights of way and roadside waste. | Local Government Act 1894, s.8(1)(i) | |
| Power to provide traffic signs and other notices. | Highways Act 1980, s.130 | |
| Power to plant trees, shrubs and flowers and to maintain roadside verges. | Road Traffic Regulation Act 1984, s.72 Countryside Act 1968, s.197 | |
| Power to complain to local highway authority that a highway is unlawfully stopped up or obstructed. | Highways Act 1980, s.96 | |
| Power to prosecute for unlawful ploughing of a footpath or bridleway. | Highways Act 1980, ss.130 and 134 | |
| Investments | Power to participate in schemes of collective investment. | Trustee Investments Act 1962, s.11 |
| Power to invest council funds in approved securities. | Local Government Act 2003, ss.45–48 | |
| Land | Power to acquire land by agreement, to appropriate land and to dispose of land. | Local Government Act 1972, ss.124, 126 and 127 |
| Power to accept gifts of land. | Local Government Act 1972, s.139 | |
| Power to acquire land by compulsory purchase. | Local Government Act 1972, s.125 | |
| Power to obtains particulars of persons interested in land. | Local Government (Miscellaneous Provisions) Act 1976, s.16 | |
| Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them. | Public Health Act 1875, s.16 Local Government Act 1972, Sch. 14, para. 27 Public Health Acts Amendment Act 1980, s.44 Open Spaces Act 1906, ss.9-10 Local Government (Miscellaneous Provisions) Act 1976, s.19 | |
| Lighting | Power to light roads and public places. | Local Government Act 1894, s.8(1)(b) Parish Councils Act 1957, s.3 Local Government Act 1972, Sch. 14, para. 27 Highways Act 1980, s.301" |
| Litter ● and Dog Fouling | Provision of waste receptacles. | Environmental Protection Act 1990, ss.89 and 92 Litter (Animal Droppings) Order 1991 |
| Duty to keep Council land free of litter and dog faeces. | ||
| Lotteries | Power to promote lotteries. | Lotteries and Amusements Act, 1976, s.7 |
| Mortuaries and Postmortem Rooms | Power to provide mortuaries and postmortem rooms. | Public Health Act 1936, s.198 |
| Nature Reserves | Power to establish Local Nature Reserves. | National Parks and Access to the Countryside Act 1949, ss.15, 16 and 21 Wildlife and Countryside Act 1981, ss.36 and 39, and Sch. 12 |
| Powers to enter into management agreements with landowners to conserver or enhance land of ecological value. | ||
| Nuisances | Power to deal with offensive ditches, ponds and gutters. | Public Health Act 1936, s.260 |
| Open Spaces | Power to acquire land and maintain land. | Public Health Act 1875, s.164 Open Spaces Act 1906, ss.9-10 Commons Act 1899 |
| Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces, and to manage and control them. | Public Health Act 1875, s.164 Local Government Act 1972, Sch. 14, para. 27 Public Health Acts Amendment Act 1980, s.44 Open Spaces Act 1906, ss.9-10 Local Government (Miscellaneous Provisions) Act 1976, s.19 | |
| Parish Property and Records | Powers to direct as to the custody of parish property and records. | Local Government Act 1972, s.226 |
| Parking Facilities | Power to provide parking places for motor vehicles, motorcycles and bicycles. | Road Traffic Regulation Act 1984, ss.57 and 63 |
| Planning | Right to be notified of planning applications. | Town and Country Planning Act 1990, Sch. 1, para. 8 |
| Power to respond to planning applications. | Local Government Act 1972, Sch. 15, para. 20 | |
| Power to prepare neighbourhood development plans and neighbourhood development orders. | Localism Act 2011, ss.116-121 and Sch. 9 | |
| Public Buildings and Village Halls | Power to provide buildings for offices and for public meetings and assemblies. | Local Government Act 1972, s.133 |
| Public Conveniences | Power to provide public conveniences. | Public Health Act 1936, s.87 |
| Public Enquiries | Power to make representations at public enquiries. | Local Government Act 1972, s.222 |
| Publicise Functions | Power to publicise council and local authority functions. | Local Government Act 1972, s.142 |
| Raising of Finances | Power to raise money through the precept. | Local Government Act 1972, s.150 |
| Records | Power to collect, exhibit and purchase local records. | Local Government (Records) Act 1962, ss.1-2 |
| Recreation ● | Power to acquire land for or to 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, ss. 9 and 10 Local Government Act 1972, Sch. 14, para. 27 |
| Power to provide gymnasiums, playing fields and holiday camps. | Local Government (Miscellaneous Provisions) Act 1976, s.19 | |
| Power to provide boating pools. | Public Health Act 1962, s.54 | |
| Power to regulate and manage commons used for recreation. | Commons Act 1899 | |
| Seats and Shelters ● | Power to provide roadside seats and shelters. | Parish Councils Act 1957, s.1 |
| Services and Assets of Community Value | Power to express an interest in running or managing local services currently provided by a principal authority (district, borough, or county council). | Localism Act 2011, ss.81–86 |
| Power to nominate local land or buildings to be listed as Assets of Community Value (ACVs). This listing provides protection by giving community groups time to bid if the asset is put up for sale. | Localism Act 2011, ss.87–108 | |
| Power to submit bids to buy ACVs when they come up for sale, benefiting from a moratorium period during which sale is delayed to allow the community to raise funds. | Localism Act 2011, ss.87–108 | |
| Telecommunications Facilities | Power to pay any public telecommunications operator any loss sustained in providing postal or telecommunications facilities. | Telecommunications Act 1984, s.97 |
| Tourism ● | Power to contribute to the encouragement of tourism. | Local Government Act 1972, s.144 |
| Town and Country Planning | Right to be notified of a planning application. | Town & Country Planning Act 1990, Sch. 1, para. 8 |
| Town Status | Power to adopt town status. | Local Government Act 1972, ss.245 and 245B |
| Traffic Calming | Power to contribute financially to traffic calming schemes. | Local Government and Rating Act 1997, s.26 |
| Training | Power to train Councillors. | Local Government Act 1972, s.175 |
| Transport ● | Power to promote and support community transport schemes, including the power to: (a) establish car-sharing schemes, (b) make grants for bus services, (c) provide taxi fare concessions (e.g. for elderly or disabled residents), (d) investigate public transport, road use and local transport needs, and (e) provide information about public transport services. | Local Government and Rating Act 1997, ss. 26–29 |
| Village Greens | Power to maintain, to make byelaws 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 Signs | Power to use decorative signs to inform visitors. | Local Government Act 1972, s.144 |
| War Memorials | Power to maintain, repair, protect and adapt war memorials. | War Memorials (Local Authorities Powers) Act 1923, s.1 as extended by Local Government Act 1948, s.133 |
| Water Supply | Power to utilise well, spring or stream and to provide facilities for obtaining water there from. | Public Health Act 1936, s.125 |