Local government provides a wide range of services to the public.
Different tiers of government are responsible for different services.
The following list gives an indication of where responsibilities lie although there may be variations.
A local council is empowered only to exercise its statutory powers.
Any such organisation acting beyond its legal powers is said to be acting ultra vires.
Local councils can be restrained by the courts if they so act.
Parish Clerks should be asked to check the legal position before their Parish Council enters into any new business.
Parish Councils typically & routinely lobby to ensure that many of the things that are important to YOU are
dealt with. If we can't do it ourselves we will try to make sure that another authority does it!
WHO DOES WHAT IN LOCAL GOVERNMENT
County Council(or unitary authority) |
District Council (or unitary authority) |
Parish Council Powers |
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Education
Fire
Highways – maintenance, traffic management and street lighting.
Libraries
Recreation, Arts and Museums
Social Services
Strategic Planning
Trading Standards
Transport
Waste Disposal |
Collection of Council tax and rates
Elections - runs all aspects of elections
Environmental Health
Housing
Local Plans
Planning applications
Public conveniences
Recreation, Arts, Museums, Tourism
Minor Roads, footpaths, car parks
Waste Collection and recycling |
Allotments
Burial grounds
Bus shelters
Public benches
Footpaths
Markets
Recreation
Arts and Museums
Village Halls and village greens
War memorials |
POWERS AND DUTIES OF PARISH COUNCILS
Parish Councils may only act where they have the powers to do so.
Listed below is a summary of the main powers and duties of parish councils. This is not a definitive list.
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Topic |
Powers and Duties |
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Allotments
Burial grounds, cemeteries and crematoria
Byelaws
Charities
Churchyards
Clocks
Commons and common pasture
Conference facilities
Crime prevention
Ditches and drains
Employment
Entertainment and the arts
Flagpoles
Footpaths
Gifts
Halls
Highways
Information and Advice
Land
Legal proceedings
Litter
Lotteries
Money
Planning
Public lavatories
Recreation
Seats & Shelters
Tourism
Transport
Village Greens
War Memorials
Water supply
S137 General Expenditure Power
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Power to provide allotments and a duty to provide allotments if demand is unsatisfied
Power to acquire, provide and maintain. Power to agree to maintain monuments and memorials Power to contribute towards expenses of burial grounds and cemeteries provided by others
Power to make bye-laws for: Pleasure grounds Cycle parks Baths and swimming pools Open Spaces and Burial grounds Mortuaries and post-mortem rooms Markets maintained by the parish Council
Right to appoint trustee to some parochial charities.
Power to contribute to the cost of a churchyard in use Duty to maintain a closed churchyard where duty has been transferred by the church.
Power to provide public clocks.
Power to protect any registered common with no registered owner. Power to contribute to cost of scheme for registration and management of commons. Power to provide common pasture.
Power to provide and encourage the use of facilities.
Power to install equipment/establish a scheme for crime prevention.
Power to deal with ponds, ditches and drains containing filth or a matter prejudicial to public health.
Power to employ staff to carry out council functions.
Power to provide public entertainment & premises for giving entertainment. Power to develop & improve knowledge of the arts.
Power to erect flagpoles.
Power to repair and maintain public footpaths.
Power to accept gifts (usually for specific purposes).
Power to provide and furnish buildings for public meetings & to contribute to the expenses of another parish council or person providing such facilities. Power to provide and equip premises for indoor sport or physical recreation or for the use of clubs having athletic, social or educational objects.
Power to light roads and public places. Power to maintain parking places. Power to enter into agreement to dedicate & widen highways. Power to provide traffic signs and other notices. Power to plant and maintain roadside verges. Power to contribute to cost of traffic calming by highways authority. Power to instigate use of & need for local roads & traffic control.
Power to provide information for the public about local services. Power to help voluntary organisations providing information & advice.
Power to acquire by agreement, to appropriate dispose of land.
Power to prosecute and defend legal proceedings.
Power to provide litter bins.
Power to promote local lotteries.
Power to borrow money. Power to raise money from the Council tax by precepting on the district council. Power to invest in statutory securities.
Right to be notified of planning applications and to comment.
Power to provide and maintain lavatories.
Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds & open spaces & to manage & control them Power to provide indoor facilities such as sports centres, swimming pools etc. Power to provide outdoor facilities such as pitches for team games, athletic grounds etc. Power to provide boating ponds. Power to provide public seats on the highway.
Power to provide and maintain shelters for general public use and bus shelters.
Power to encourage tourism.
Power to establish local car sharing scheme Power to make grants for bus services benefiting local elderly or disabled people. Power to make grants to local community bus services Power to subsidise taxi fares for eligible local residents. Power to publicise information on local public transport services.
Power to maintain village greens
Power to maintain, repair, protect and adapt war memorials.
Power to utilise well, spring or stream and to provide facilities for obtaining water therefrom.
If any situation is not covered by one of the specific powers listed above, power to spend money on purpose in the interest of and direct benefit to the parish or its inhabitants. (limited to £6.15 per elector per annum)* |
* or whatever is the current sum as decided by Central Government.